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KLUSMEYER v. COUNTY OF MONROE

224 A.D.2d 1033 (1996)

638 N.Y.S.2d 574

Cheri Klusmeyer, Appellant, v. County of Monroe, Respondent, et al., Defendant

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

February 2, 1996

Order unanimously reversed on the law with costs and motion granted.

Memorandum:

Supreme Court abused its discretion in denying claimant's motion for leave to serve a late notice of claim (see, General Municipal Law § 50-e [5]). Upon our review of the record, we conclude that claimant's delay in serving the notice of claim did not substantially prejudice defendant County of Monroe in maintaining its...

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