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FRITH v. NEW YORK CITY HOUSING AUTHORITY

4 A.D.3d 390 (2004)

771 N.Y.S.2d 392

LISA FRITH, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent, et al., Defendant.

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

February 9, 2004.

Ordered that the order is reversed insofar as appealed from, on the facts and as a matter of discretion, with costs, upon reargument and renewal, the order dated April 10, 2002, is vacated, and that branch of the plaintiff's motion which was, in the alternative, for leave to serve a late notice of claim is granted.

In determining whether to permit service of a late notice of claim pursuant to General Municipal Law §...

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