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BERTOLOTTI v. TOWN OF ISLIP

2015-06537, Index No. 11668/14.

140 A.D.3d 907 (2016)

33 N.Y.S.3d 456

2016 NY Slip Op 04683

MARK BERTOLOTTI et al., Appellants, v. TOWN OF ISLIP, Respondent, et al., Defendant.

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

Decided June 15, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

On April 14, 2013, the plaintiff Mark Bertolotti (hereinafter the injured plaintiff) allegedly was injured when his motorcycle slid on loose asphalt or sand on Old Nichols Road in Islip. On June 11, 2014, approximately one year and two months after the accident, the injured plaintiff and his wife filed an order to show cause seeking leave to serve a late notice of claim upon the defendant Town...

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