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MAY v. HARRINGTON

176 A.D.2d 925 (1991)

Terence W. May, Plaintiff, and William May, Respondent, v. James J. Harrington, as Superintendent of Highways for the Town of Babylon, et al., Appellants

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

October 28, 1991

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendants' contention on appeal, we find that the Supreme Court properly determined that they had waived any objections to the plaintiff William May's failure to timely file a notice of claim. Shortly after the instant action was commenced, the parties executed a stipulation extending the defendants' time to answer in which the defendants

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