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MATTER OF BORRELLI v. COUNTY OF ERIE

376 CA 20-01426.

196 A.D.3d 1059 (2021)

147 N.Y.S.3d 487

2021 NY Slip Op 04303

In the Matter of Antonio Borrelli, Respondent, v. County of Erie et al., Appellants.

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

Decided July 9, 2021.

Attorney(s) appearing for the Case

MICHAEL A. SIRAGUSA , COUNTY ATTORNEY, BUFFALO ( ERIN E. MOLISANI OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR CLAIMANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Troutman, Winslow and Bannister, JJ.

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

Memorandum: Respondents appeal from an order granting claimant's application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e(5). On February 13, 2019, claimant allegedly sustained injuries when he slipped on ice on the first step of the exterior stairs leading into the Erie County Court building...

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