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MATTER OF MAGNOTTI v. CITY OF NEW YORK

206 A.D.2d 534 (1994)

614 N.Y.S.2d 766

In the Matter of Alfred Magnotti et al., Respondents, v. City of New York, Appellant

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

July 25, 1994

Ordered that the order is reversed, on the law, with costs, and the application is denied.

On October 6, 1991, Alfred Magnotti allegedly sustained personal injuries when he stepped into a hole in a Staten Island sidewalk and was thereby caused to fall. On or about June 26, 1992, the petitioners moved for leave to serve a late notice of claim (see, General Municipal Law § 50-e [5]). In support thereof, Magnotti submitted an affidavit in which he asserted...

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