IN THE MATTER OF RUFFINO v. CITY OF NEW YORK


57 A.D.3d 550 (2008)

868 N.Y.S.2d 739

In the Matter of VICTORIA RUFFINO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

December 2, 2008.


Ordered that the order is reversed, on the facts and in the exercise of discretion, and the petition is granted.

The petitioner commenced this proceeding for leave to serve a late notice of claim in connection with injuries she sustained when she tripped and fell over a wooden board affixed to the surface of a boardwalk which was under the jurisdiction of the respondent City of New York (hereinafter the City). The petitioner served a timely notice of claim upon the...

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