IN THE MATTER OF OLSEN v. COUNTY OF NASSAU


14 A.D.3d 706 (2005)

789 N.Y.S.2d 264

In the Matter of ERIN OLSEN, Appellant, v. COUNTY OF NASSAU, Respondent.

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

January 31, 2005.


Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, that branch of the motion which was for leave to renew is granted, upon renewal, the motion for leave to serve a late notice of claim is granted, and the order dated June 25, 2003, is vacated.

In May 2003 the petitioner's decedent, Tara Ostendorf, also known as Colleen Johnson (hereinafter Ostendorf), sought leave to serve a late notice of claim upon...

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