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ENOS v. CITY OF ROCHESTER

206 A.D.2d 159 (1994)

Carmen W. Enos et al., Respondents, v. City of Rochester, Appellant

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

November 16, 1994

Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel of City of Rochester (Michael J. Looby of counsel), for appellant.

Christopher S. Ciaccio, Rochester, for respondents.

PINE, J. P., BALIO, DAVIS and BOEHM, JJ., concur.

CALLAHAN, J.

Defendant City of Rochester (City) appeals from so much of a Special Term order as denied its motion to dismiss the complaint of Carmen W. Enos (plaintiff) on the ground that the action was not timely commenced.

Plaintiff was injured on August 4, 1992 when the automobile he was operating fell into a "sink hole" on a City street. A notice of claim was filed on September 30, 1992. Plaintiff...

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