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BUSSEY v. CITY OF NEW YORK

50 A.D.3d 938 (2008)

854 N.Y.S.2d 912

TRINA BUSSEY et al., Respondents, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided April 22, 2008.

Ordered that the order is affirmed, without costs or disbursements.

Under the facts of this case, the Supreme Court providently exercised its discretion in granting the plaintiffs' motion for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). The defendant City of New York acquired notice of the essential facts of the subject incident within a reasonable time after the statutory 90-day...

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