BAYNE v. CITY OF NEW YORK

364, 23599/13.

137 A.D.3d 428 (2016)

26 N.Y.S.3d 77

2016 NY Slip Op 01443

ANTHONY BAYNE, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided March 1, 2016.


Thirteen days before the expiration of the one-year-and-90-day statute of limitations for commencing a personal injury action against the City (General Municipal Law § 50-i [1]), plaintiff sought leave to file a late notice of claim. The City did not oppose the petition, which was initially denied on procedural grounds. In an order entered September 13, 2013, Supreme Court (Schachner, J.) granted plaintiff leave to serve a late notice of claim within 30 days of the date...

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