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IN THE MATTER OF O'NEAL v. NEW YORK CITY HOUSING AUTHORITY

6 A.D.3d 445 (2004)

774 N.Y.S.2d 363

In the Matter of DARRELL O'NEAL et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

April 5, 2004.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the application is denied.

The Supreme Court improvidently exercised its discretion in granting the petitioners' application for leave to serve a late notice of claim since the petitioners did not demonstrate a reasonable excuse for their failure to timely serve a notice of claim, the appellant did not acquire actual knowledge of the essential facts constituting the claim...

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