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MATTER OF DIALLO v. CITY OF NEW YORK

249 A.D.2d 390 (1998)

670 N.Y.S.2d 793

In the Matter of Abdoulaye Diallo, Appellant, v. City of New York, Respondent

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

April 13, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the application for leave to serve a late notice of claim, since the petitioner did not present an adequate excuse for his lengthy delay in presenting the claim, the respondent did not acquire actual notice of the claim through other sources, and the delay would substantially prejudice the respondent's ability to investigate and defend against...

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