LOVE v. CITY OF AUBURN


280 A.D.2d 982 (2001)

721 N.Y.S.2d 434

DARREL D. LOVE et al., Appellants, v. CITY OF AUBURN, Respondent.

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

Decided February 7, 2001.


Order unanimously reversed on the law without costs and application granted.

Memorandum:

On May 27, 1998, plaintiffs were arrested by members of the Auburn Police Department (Police Department) and charged with various offenses. On March 22, 1999, plaintiffs were acquitted of all charges. By order to show cause dated May 19, 1999, plaintiffs sought permission to serve a late notice of claim against defendant. Although courts are vested with broad discretion...

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