MATTER OF ISAKOV v. CITY OF NEW YORK


221 A.D.2d 531 (1995)

634 N.Y.S.2d 394

In the Matter of Shoshana Isakov et al., Appellants, v. City of New York et al., Respondents

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

November 20, 1995


Ordered that the order is reversed, on the law, with costs, the application is granted, and the proposed notice of claim dated June 30, 1992, is deemed served.

In view of the minor delay (11 days) and the absence of prejudice to the defendants, the denial of the plaintiffs' application for leave to serve a late notice of claim was an improvident exercise of discretion under the circumstances of this case (see, General Municipal Law § 50-e; Matter of...

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