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MATTER OF SIEWNIAK v. CITY OF NEW YORK

280 A.D.2d 482 (2001)

719 N.Y.S.2d 898

In the Matter of WITOLD SIEWNIAK, Respondent, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided February 5, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the application is denied as against the New York City Housing Authority.

The Supreme Court erred in granting the petitioner's application for leave to serve a late notice of claim as against the appellant, as he failed to proffer an adequate explanation for his delay in filing the application, and the appellant did not have actual knowledge of the essential facts constituting...

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