BIANCO-ESPOSITO v. CITY OF YONKERS


286 A.D.2d 466 (2001)

729 N.Y.S.2d 646

FRANCESCO BIANCO-ESPOSITO et al., Appellants, v. CITY OF YONKERS, Respondent.

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

Decided August 27, 2001.


Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, upon reargument, the order dated August 16, 2000, is vacated, the motion is denied, the cross motion is granted, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

The General Municipal Law provides for the exercise of discretion in determining whether to permit the service of a late notice...

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