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MATTER OF MELETICHE v. CITY OF NEW YORK

260 A.D.2d 385 (1999)

686 N.Y.S.2d 316

In the Matter of ASHLEY MELETICHE, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided April 5, 1999.

Ordered that the order is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

This proceeding, which sought leave to file a late summons and complaint on the City of New York based on a claimed toll for infancy, must be dismissed inasmuch as no cause of action exists for leave to file a late summons and complaint. Even if this defect were not present, we would nevertheless conclude that...

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