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GUASTAMACCHIA v. NEW YORK CITY DEP'T OF TRANSP.

162 A.D.2d 587 (1990)

Carmella Guastamacchia, Appellant, v. New York City Department of Transportation et al., Respondents

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

June 18, 1990

Ordered that the order is affirmed, with costs.

The plaintiff's application for leave to file a late notice of claim was not made within one year and 90 days after the claim accrued. As a result, the Supreme Court properly concluded that it was without discretion to grant the relief requested (see, General Municipal Law § 50-e [5]; Pierson v City of New York, 56 N.Y.2d 950; Cohen v Pearl Riv. Union Free School...

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