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MATTER OF CRUZ v. CITY OF NEW YORK

2015-09118, Index No. 3173/14.

149 A.D.3d 835 (2017)

2017 NY Slip Op 02789

52 N.Y.S.3d 380

In the Matter of JUAN A. CRUZ, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided April 12, 2017.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, that branch of the petition which was to deem a late notice of claim timely served nunc pro tunc is granted, and that branch of the petition which was for leave to serve a late notice of claim is denied as academic.

Under General Municipal Law § 50-e (5), in determining whether to grant an extension of time to serve a late notice of

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