HEBBARD v. CARPENTER


37 A.D.3d 538 (2007)

830 N.Y.S.2d 270

CHRISTINE HEBBARD et al., Respondents, v. DAVID J. CARPENTER et al., Defendants, and TOWN OF BROOKHAVEN, Appellant.

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

Decided February 13, 2007.


Ordered that the order is reversed insofar as appealed from, on the facts and as a matter of discretion, with costs, and those branches of the motion of the plaintiff Christine Hebbard, as mother and natural guardian of Michael Jarvis, which were for leave to serve a late notice of claim upon the defendant Town of Brookhaven pursuant to General Municipal Law § 50-e and for leave to amend the complaint to add it as a party defendant, are denied.

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