YOUNG v. CITY OF NEW YORK

2015-11966. Index No. 1532/00.

164 A.D.3d 711 (2018)

81 N.Y.S.3d 547

2018 NY Slip Op 05793

Kesha Young et al., Infants, by Their Mother and Natural Guardian, Andrea Young, Appellants, v. City of New York et al., Respondents.

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

Decided August 15, 2018.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the matter is remitted to the Supreme Court, Kings County, for a determination on the merits of the plaintiffs' motion, inter alia, to restore the action to the active calendar and to deem their late notice of claim timely served nunc pro tunc and thereafter a new determination of the defendants' cross motion to dismiss the complaint.

After serving an untimely notice...

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