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GONZALEZ v. CITY OF NEW YORK

6935N, 108216/10.

92 A.D.3d 619 (2012)

939 N.Y.S.2d 402

2012 NY Slip Op 1512

SANDRA GONZALEZ, Respondent, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HOUSING AUTHORITY et al., Appellants.

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

Decided February 28, 2012.

Plaintiff failed to establish any of the relevant statutory factors that would warrant leave to serve a late notice of claim (General Municipal § 50-e [5]; Matter of Kelley v New York City Health & Hosps. Corp., 76 A.D.3d 824 [2010]). Her claimed injury was a broken bone in her ankle, which was treated in the emergency room. There was no showing that the injury was so incapacitating as to prevent the service of a timely...

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