ANDREWS v. LONG IS. R.R.

2012-11453

110 A.D.3d 653 (2013)

972 N.Y.S.2d 633

2013 NY Slip Op 6331

RICHARD ANDREWS, Appellant, v. LONG ISLAND RAILROAD et al., Defendants/Third-Party Plaintiffs. INCORPORATED VILLAGE OF PATCHOGUE, Third-Party Defendant-Respondent.

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

Decided October 2, 2013.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated October 19, 2012, which denied his motion pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim upon the third-party defendant.

Ordered that the order is affirmed, with costs.

In determining whether to grant a motion for leave to serve a late notice of claim, the key factors...

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