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MATTER OF WINSTON v. CITY OF NEW YORK

249 A.D.2d 404 (1998)

670 N.Y.S.2d 363

In the Matter of Natalia Winston, Respondent, v. City of New York et al., Appellants

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

April 13, 1998

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The Supreme Court improvidently exercised its discretion in granting the infant petitioner's application for leave to file a late notice of claim (see, General Municipal Law § 50-e [5]). The petitioner failed to carry her burden of establishing a reasonable excuse for the delay, and similarly failed to show that there was any nexus between...

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