MATTER OF CHANNEL MARINE SALES, INC. v. CITY OF NEW YORK

2009-04837.

75 A.D.3d 600 (2010)

903 N.Y.S.2d 922

In the Matter of CHANNEL MARINE SALES, INC., et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided July 20, 2010.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and that branch of the petition which was for leave to serve a late notice of claim for the petitioners' claims sounding in conversion and replevin is denied.

"Ordinarily, the courts will not delve into the merits of an action on an application for leave to serve and file a late notice of claim" (Matter of Brown v New York City Hous. Auth.,

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