IN THE MATTER OF MITCHELL v. CITY OF NEW YORK

2013-00375

112 A.D.3d 940 (2013)

977 N.Y.S.2d 368

2013 NY Slip Op 8636

In the Matter of MELINDA MITCHELL et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided December 26, 2013.


In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim upon the City of New York, the appeal is from an order of the Supreme Court, Kings County (Pfau, J.), entered October 11, 2012, which granted the petition.

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

In determining whether to grant a petition for leave to serve a late notice...

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