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MATTER OF GOBARDHAN v. CITY OF NEW YORK

64 A.D.3d 705 (2009)

882 N.Y.S.2d 692

In the Matter of KAMALDAI GOBARDHAN et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided July 21, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the petition for leave to serve a late notice of claim under the relevant facts and circumstances of this case (see General Municipal Law § 50-e [5]). The City of New York did not acquire actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter (see General Municipal...

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