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MATTER OF GANDIA v. NEW YORK CITY HOUS. AUTH.

173 A.D.2d 824 (1991)

In the Matter of Jose Gandia, by His Mother and Natural Guardian, Lillian Gandia, Respondent, v. New York City Housing Authority, Appellant

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

May 31, 1991

Ordered that the judgment is reversed, as an exercise of discretion, with costs, and the application is denied.

The infant petitioner was injured while riding his bicycle when he became caught on a twisted and broken chain link fence which surrounded a building owned by the New York City Housing Authority (hereinafter NYCHA). The instant application for leave to file a late notice of claim was made 10½ months after the cause of action accrued. The granting of...

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