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MATTER OF GHERARDI v. CITY OF NEW YORK

294 A.D.2d 101 (2002)

740 N.Y.S.2d 865

In the Matter of ROBERT GHERARDI et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 2, 2002.

The petition for leave to serve a late notice of claim on respondents should have been granted. Petitioners made an excusable error concerning the identity of the public corporation against which the claim should be asserted and acted within reasonable time to correct the error, respondents acquired actual knowledge of the claim within a reasonable time after expiration of the 90-day period for service of the notice, and respondents were not substantially prejudiced by the...

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