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METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY v. VILLAGE OF CROTON-ON-HUDSON

32 A.D.3d 380 (2006)

818 N.Y.S.2d 779

METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. VILLAGE OF CROTON-ON-HUDSON, Respondent.

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

August 1, 2006.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion is denied.

The notice of claim actually served was substantially the same as the proposed notice of claim annexed to the plaintiff's application for leave to serve a late notice of claim, which was granted by the same court in a related proceeding, correctly identified the claimant as Metropolitan Property & Casualty...

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