The IAS court improvidently exercised its discretion in granting the motion (see General Municipal Law § 50-e [5]). Petitioners failed to offer a reasonable excuse for not serving a timely notice of claim. Indeed, petitioners failed to submit any medical evidence supporting their assertion that the injured petitioner's physical condition prevented them from timely serving a notice of claim (see Matter of Dominguez v New York City Health & Hosps. Corp.,...
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