MATTER OF NICHOLSON v. CITY OF NEW YORK

2017-07175. Index No. 2245/17.

166 A.D.3d 979 (2018)

88 N.Y.S.3d 150

2018 NY Slip Op 08134

In the Matter of Kenneth Nicholson, Respondent, v. City of New York, Appellant.

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

Decided November 28, 2018.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, that branch of the petition which was, in effect, for leave to serve a late notice of claim with respect to the claim pursuant to 42 USC § 1983 alleging violations of the petitioner's federal civil and constitutional rights is denied as unnecessary, those branches of the petition which were, in effect, for leave to serve a late notice of claim with respect to the petitioner...

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