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HARDING v. HERNANDEZ

48 A.D.3d 252 (2008)

849 N.Y.S.2d 779

MICHAEL A. HARDING et al., Appellants, v. GEORGE HERNANDEZ et al., Respondents.

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

Decided February 7, 2008.

Executive Order (Pataki) Nos. 113.7 (9 NYCRR 5.113.7) and 113.28 (9 NYCRR 5.113.28) did not extend plaintiffs' time to serve a notice of claim (McGarty v City of New York, 44 A.D.3d 447 [decided October 16, 2007, after the filing of all briefs]). Accordingly, plaintiffs' service of a late notice of claim without court leave 91 days after accrual of their claim was a nullity, and their failure to seek a court order excusing such lateness...

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