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MATTER OF O'MARA v. TOWN OF CORTLANDT

210 A.D.2d 337 (1994)

620 N.Y.S.2d 82

In the Matter of Brian O'Mara, Respondent, v. Town of Cortlandt, Appellant, et al., Defendants

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

December 12, 1994

Ordered that the judgment is reversed, as an exercise of discretion, with costs, and the application for leave to serve a late notice of claim is denied.

On January 21, 1992, the infant petitioner, while riding a bicycle upon the frozen surface of a lake owned by the appellant, Town of Cortlandt, was seriously injured when he was struck by a snowmobile operated by the defendant Kevin Peske. On or about November 4, 1992,...

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