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IN THE MATTER OF AUDITORE v. CITY OF NEW YORK

14 Misc.3d 175 (2006)

830 N.Y.S.2d 441

In the Matter of FRANK AUDITORE, Petitioner, v. CITY OF NEW YORK, Respondent.

Supreme Court, New York County.

October 10, 2006.

Attorney(s) appearing for the Case

Worby, Groner, Edelman & Napoli Bern, LLP, New York City (William J. Dubanevich and Denise A. Rubin of counsel), for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City (Christopher M. Yapchanyk of counsel), for respondent.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

This 9/11-related application for leave to serve a late notice of claim on respondent City of New York raises significant questions of subject matter jurisdiction, statute of limitations and commencement by filing.

Background

Petitioner alleges that he was exposed to toxic substances during rescue/recovery, construction, and demolition operations at Ground Zero, following the terrorist attacks...

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