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PEREZ v. EMPIRE BUS CO.

13 Misc.3d 535 (2006)

819 N.Y.S.2d 902

GILBERT PEREZ et al., Plaintiffs, v. EMPIRE BUS COMPANY et al., Defendants. JOSEPH BRYSON et al., Counterclaim Plaintiffs, v. GILBERT PEREZ et al., Counterclaim Defendants.

Supreme Court, Bronx County.

August 15, 2006.

Attorney(s) appearing for the Case

Lawrence Beckenstein, New York City, for Joseph Bryson and another, defendants and counterclaim plaintiffs.

Michael A. Cardozo, Corporation Counsel, New York City (Laura Fields-Stone of counsel), for City of New York and another, counterclaim defendants.

OPINION OF THE COURT

PAUL A. VICTOR, J.

Relief Sought

Defendants Joseph and Emanuella Bryson (as counterclaim plaintiffs) move for leave to serve a late notice of claim.

Issue Presented

This motion raises an issue which appears to be of first impression, i.e., whether permission to file a late notice of claim under General Municipal Law § 50-e should be granted when the claimant intentionally fails to file the notice of claim...

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