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RIVERA v. CITY OF NEW YORK

205 A.D.2d 744 (1994)

614 N.Y.S.2d 917

Claudio Rivera, Appellant, v. City of New York et al., Respondents, et al., Defendant

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

June 27, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not err in dismissing the cause of action for the decedent's conscious pain and suffering as time-barred pursuant to General Municipal Law § 50-e (1) (a). The plaintiff has not demonstrated that his failure to file a timely notice of claim or to timely move for leave to serve a late notice of claim was due to any acts of the...

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