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MATTER OF COX-WAAIZ v. CITY OF NEW YORK

248 A.D.2d 467 (1998)

668 N.Y.S.2d 928

In the Matter of Nonna H. Cox-Waaiz et al., Appellants, v. City of New York et al., Respondents

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

March 9, 1998

Ordered that the order is affirmed, with costs.

The petitioners failed to offer either a reasonable excuse for their failure to have served a timely notice of claim or evidence as to if and when the respondents acquired actual knowledge of the essential facts constituting their claims (see, Matter of Alvarenga v Finlay, 225 A.D.2d 617; Seif v City of New York, 218 A.D.2d 595

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