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MATTER OF PIERCE v. TOWN OF ARKWRIGHT

147 A.D.2d 981 (1989)

In the Matter of Herbert W. Pierce, Appellant, v. Town of Arkwright et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 3, 1989

Order unanimously reversed on the law with costs and motion granted.

Memorandum:

Plaintiff moved for leave to file a late notice of claim by notice of motion dated 96 days after his termination by the Town of Arkwright Highway Department. Special Term denied the motion without comment. We reverse. Plaintiff's delay was minimal, and the town has failed to show that its ability to maintain a defense has been prejudiced (see,

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