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MATTER OF GOVERNMENT EMPLOYEES INS. CO. v. SUFFOLK COUNTY POLICE DEPT.

2015-11898, Index No. 6668/15.

152 A.D.3d 517 (2017)

2017 NY Slip Op 05436

58 N.Y.S.3d 514

In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, as Subrogee of Russell Wilkins, Respondent, v. SUFFOLK COUNTY POLICE DEPARTMENT, Defendant, and COUNTY OF SUFFOLK, Appellant.

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

Decided July 5, 2017.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and that branch of the petition which was for leave to serve a late notice of claim upon the County of Suffolk is denied.

On March 16, 2014, the disabled vehicle of the petitioner's subrogor was towed by C & C Collision (hereinafter C & C) after it was left unattended on the side of the road. On March 18, 2014, the Suffolk County Police Department (hereinafter the...

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