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MATTER OF McGRUE v. CITY OF NEW YORK

2019-05252. Index No. 702032/18.

195 A.D.3d 932 (2021)

146 N.Y.S.3d 507

2021 NY Slip Op 04022

In the Matter of Carey McGrue, Respondent, v. City of New York et al., Appellants, et al., Respondent.

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

Decided June 23, 2021.

Attorney(s) appearing for the Case

Georgia M. Pestana , Acting Corporation Counsel, New York, NY ( Kathy C. Park , Deborah A. Brenner , and Elizabeth I. Freedman of counsel), for appellants.

Edelman, Krasin & Jaye, PLLC, Westbury, NY ( Monica P. Becker , of counsel), for petitioner-respondent.

Mastro, J.P., Miller, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

The petitioner allegedly was injured while attempting to walk across a street in Queens when he was struck by a marked police vehicle. By notice of petition dated May 15, 2018, the petitioner commenced this proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve late notices of claim on the City of New York and the New York City Police Department (hereinafter together the City), alleging negligence...

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