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MATTER OF DiBELLA v. CITY OF NEW YORK

234 A.D.2d 366 (1996)

650 N.Y.S.2d 311

In the Matter of Louis DiBella et al., Respondents, v. City of New York, Appellant

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

December 9, 1996

Ordered that the order is reversed, as a matter of discretion, with costs, the application is denied, and the proceeding is dismissed.

On March 2, 1994, the petitioner Louis DiBella allegedly slipped while alighting from a New York City Department of Sanitation truck, injuring his back. The petitioners sought permission to serve a late notice of claim on the City in May 1995, 14 months after the accident. In their notice...

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