OATES v. CITY OF NIAGARA FALLS


247 A.D.2d 829 (1998)

668 N.Y.S.2d 137

Joseph P. Oates, Appellant, v. City of Niagara Falls, Respondent. (Appeal No. 2.)

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

February 4, 1998


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly exercised its discretion in denying claimant's application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). Claimant established that, six months after his accident, the City of Niagara Falls (City) received a report indicating that he had injured his knee. The report, however, did not state that...

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