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MATTER OF SANTOPIETRO v. CITY OF NEW YORK

50 A.D.3d 390 (2008)

854 N.Y.S.2d 310

In the Matter of MICHAEL A. SANTOPIETRO et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Respondents.

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

Decided April 10, 2008.

The court did not improvidently exercise its discretion, under General Municipal Law § 50-e (5), in denying petitioners' motion to file a late notice of claim (see e.g. Williams v Nassau County Med. Ctr., 6 N.Y.3d 531 [2006]). While the failure to proffer a reasonable excuse for delay in serving a notice of claim is not alone fatal to a motion for leave to file a late notice, plaintiffs...

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