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MATTER OF BELL v. CITY OF NEW YORK

2011-08792.

100 A.D.3d 990 (2012)

954 N.Y.S.2d 229

2012 NY Slip Op 8118

In the Matter of JOSEPH BELL, Respondent, v. CITY OF NEW YORK, Appellant.

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

November 28, 2012.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.

The Supreme Court improvidently exercised its discretion in granting the petition for leave to serve a late notice of claim. The petitioner failed to demonstrate a reasonable excuse for the failure to serve a timely notice of claim and for the delay in filing the petition (see Matter of Dube v City of New York, 158 A.D...

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