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MATTER OF GARBER v. CITY OF NEW YORK

222 A.D.2d 588 (1995)

636 N.Y.S.2d 640

In the Matter of Arnold Garber, Appellant, v. City of New York, Respondent

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

December 18, 1995

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the petitioner failed to demonstrate that he had a reasonable excuse for failing to timely serve a notice of claim. Additionally, we find that under the circumstances of this case the municipality did not acquire actual knowledge of the essential facts constituting the claim within the statutory period or a reasonable time thereafter.<...

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