HARDAYAL v. CITY OF NEW YORK


281 A.D.2d 593 (2001)

722 N.Y.S.2d 176

JEANETTE HARDAYAL, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided March 26, 2001.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion for leave to serve a late notice of claim against the defendant City of New York. The police accident report alone, without any evidence of further investigation by the City, was inadequate to apprise the City of the nature or severity of the injuries claimed (cf., Matter of Continental Ins. Co. v City of Rye,

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