IN THE MATTER OF MERCEDES v. CITY OF NEW YORK

8400N. 154882/17.

169 A.D.3d 606 (2019)

94 N.Y.S.3d 69

2019 NY Slip Op 01487

In the Matter of Dauly Mercedes, Appellant, v. City of New York, Respondent.

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

Decided February 28, 2019.


In support of his application, filed about three months after the 90-day statutory period elapsed, petitioner submitted an affidavit averring that he was injured by the sudden malfunction of weight lifting equipment in a recreation center owned by the City, and that an employee of the center assisted him and prepared an accident report, which petitioner signed. Through a clerical oversight, petitioner's attorneys did not immediately mark petitioner's case as one for which...

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