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BIALER v. CITY OF NEW YORK

23 A.D.3d 304 (2005)

806 N.Y.S.2d 471

PHILIP BIALER, Respondent, v. CITY OF NEW YORK, Respondent, and HUDSON RIVER PARK TRUST, Appellant.

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

November 22, 2005.

Petitioner's failure to set forth a reasonable excuse for its failure to serve its notice of claim within the statutorily prescribed 90 days did not, under the particular circumstances at bar, require the denial of its motion for leave to serve a late notice (see Matter of Porcaro v City of New York, 20 A.D.3d 357, 358 [2005]). The timely referral of petitioner's case to appellant by the...

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