TERRIGINO v. VILLAGE OF BROCKPORT

CA 11-00239.

88 A.D.3d 1288 (2011)

930 N.Y.S.2d 744

2011 NY Slip Op 7105

PATRICIA TERRIGINO et al., Appellants, v. VILLAGE OF BROCKPORT, Respondent.

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

Decided October 7, 2011.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the notice of claim is deemed timely served nunc pro tunc.

Memorandum: Supreme Court abused its discretion in denying plaintiffs' motion for leave to serve a late notice of claim in this action in which plaintiffs seek damages for injuries sustained by plaintiff Patricia Terrigino when she tripped and fell on a sidewalk on defendant's property...

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