The IAS court did not improvidently exercise its discretion in granting plaintiffs' application to serve a late notice of claim which was made six months after expiration of the 90 day period in which to do so (General Municipal Law § 50-e). The plaintiffs submitted documentary evidence suggesting that defendant had received actual notice that their apartment had been deprived of heat in October 1989 and for a period thereafter as a result of which it is alleged, the...
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