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MATTER OF POPE v. CITY OF NEW YORK

282 A.D.2d 236 (2001)

722 N.Y.S.2d 385

In the Matter of MARY POPE, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided April 5, 2001.

Petitioner, in seeking permission to file a late notice of claim, failed to meet her burden to establish that her physical incapacitation was of such extent and duration that she was prevented from filing a notice of claim within the 90-day statutory period (see, Matter of Savelli v City of New York, 104 A.D.2d 943). Petitioner's vague and unsubstantiated allegations that the accident was witnessed by unspecified City employees are...

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