MATTER OF GABRIEL v. CITY OF LONG BEACH

2021-01852, Index No. 613899/19.

206 A.D.3d 997 (2022)

168 N.Y.S.3d 853

2022 NY Slip Op 04169

In the Matter of Matthew Gabriel, Appellant, v. City of Long Beach et al., Respondents.

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

Decided June 29, 2022.


Attorney(s) appearing for the Case

Camacho Mauro Mulholland, LLP, New York, NY ( Anthony J. Buono of counsel), for appellant.

Vigorito, Barker, Patterson, Nichols & Porter, LLP, Valhalla, NY ( Leilani J. Rodriguez of counsel), for respondents.

Connolly, J.P., Roman, Christopher and Ford, JJ., concur.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, that branch of the petition which was to deem a late notice of claim timely served nunc pro tunc is granted, and that branch of the petition which was for leave to serve a late notice of claim is denied as academic.

On June 30, 2019, employees of the City of Long Beach Fire Department (hereinafter the Fire Department) responded to a phone call from a bystander with regard...

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