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MATTER OF MONTERO v. CITY OF NEW YORK

101935/16, 10221NA, 10221N.

176 A.D.3d 614 (2019)

109 N.Y.S.3d 633

2019 NY Slip Op 07732

In the Matter of Justin Montero, Appellant, v. City of New York, Respondent.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco LLP, New York ( Brian J. Isaac of counsel), for appellant.

Zachary W. Carter , Corporation Counsel, New York ( Antonella Karlin of counsel), for respondent.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.

In this action for personal injuries, petitioner alleges that on May 31, 2016, he tripped and fell in a hole in a soccer field at the East River Park, suffering injury. Respondent the City of New York (City) owns and maintains the accident location.

Petitioner's assertion that he was unaware of the requirement that he file a notice of claim within 90 days of his accident is not a reasonable excuse for failing to file a...

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