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VITKO v. SIMON

1211 CA 19-00604.

179 A.D.3d 1515 (2020)

119 N.Y.S.3d 341

2020 NY Slip Op 00764

Teresa Vitko, Respondent, v. Scott S. Simon, Defendant, and Town of Orchard Park, Appellant.

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

Decided January 31, 2020.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the application is denied.

Memorandum: Supreme Court abused its discretion in granting plaintiff's application for leave to serve a late notice of claim against defendant Town of Orchard Park (Town) nearly 11 months after the incident in question occurred (see generally Tate v State Univ. Constr. Fund,

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