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WEISS v. CITY OF NEW YORK

237 A.D.2d 212 (1997)

655 N.Y.S.2d 34

Erwin Weiss et al., Appellants, v. City of New York, Respondent

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

March 27, 1997

Petitioner Erwin Weiss was allegedly injured in a fall from a ladder, on July 29, 1995, while installing a traffic signal pursuant to his employer's contract with the respondent City. Petitioners retained counsel on November 1, 1995, and counsel submitted the first order to show cause for leave to serve a late notice of claim on November 3, 1995. The 90-day period had expired on October 28, 1995. After the court's denial of this ex parte application, petitioners' counsel...

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