MATTER OF PELELLA v. CITY OF NEW YORK


215 A.D.2d 207 (1995)

626 N.Y.S.2d 171

In the Matter of Anthony Pelella, Appellant, v. City of New York et al., Respondents

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

May 11, 1995


Petitioner's excuse for not timely serving a notice of claim, that he did not receive the police accident report indicating that the offending vehicle was owned by respondents until more than three months after the accident, does not explain why the police accident report should have been unavailable to petitioner at the time of its preparation at the place of the accident and was properly rejected by the IAS Court on that ground. We also agree with the IAS Court that actual...

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