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KELLOGG v. MED. EXAMINER OFF.

6 Misc.3d 666 (2004)

791 N.Y.S.2d 278

JOHN KELLOGG, Individually and as Administrator of the Estate of JUNIUS KELLOGG, Deceased, Plaintiff, v. OFFICE OF THE CHIEF MEDICAL EXAMINER OF THE CITY OF NEW YORK et al., Defendants.

Supreme Court, Bronx County.

September 15, 2004.

Attorney(s) appearing for the Case

Mark B. Stumer & Associates, New York City (Kipp Elliott Watson of counsel), for Plaintiff.

Michael A. Cardozo, Corporation Counsel, New York City (Ryan Donihue and Christopher J. Murdoch of counsel), for defendants.

OPINION OF THE COURT

PAUL A. VICTOR, J.

The Issues Presented

The following novel legal issues, each of which is an issue of first impression, are presented by defendant's motion for summary judgment and plaintiff's cross motion for summary judgment:

1. Is a prayer for relief in a complaint an "application" to the court (within the meaning of General Municipal Law § 50-e) for the purpose of seeking permission for the late filing of...

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