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MATTER OF SMILEY v. METROPOLITAN TRANSP. AUTH.

8279N. 160281/17.

168 A.D.3d 631 (2019)

93 N.Y.S.3d 30

2019 NY Slip Op 00683

In the Matter of Melvin Smiley, Respondent, v. Metropolitan Transportation Authority et al., Appellants.

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

Decided January 31, 2019.

The court improvidently exercised its discretion in granting the petition. Although the failure to proffer a reasonable excuse for the delay in serving a notice of claim is not alone fatal to a petition for leave to file a late notice (see e.g. Matter of Semyonova v New York City Hous. Auth., 15 A.D.3d 181, 182 [1st Dept 2005]), petitioner also failed to demonstrate that respondents acquired...

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