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MATTER OF MELENDEZ v. CITY OF NEW YORK

245 A.D.2d 564 (1997)

666 N.Y.S.2d 507

In the Matter of Jennifer Melendez, an Infant, by Her Father and Natural Guardian, Ricardo Melendez, et al., Appellants, v. City of New York, Respondent

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

December 29, 1997

Ordered that the order is reversed insofar as appealed from, on the law and as an exercise of discretion, with costs, that branch of the application which was for leave to serve a late notice of claim is granted, and the proposed notice of claim is deemed served.

Given the infancy of the allegedly injured petitioners (see, Matter of Kurz v New York City Health & Hosps. Corp., 174 A.D.2d 671), their minimal delay...

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