MATTER OF DAUTAJ v. CITY OF NEW YORK

2020-06460. Index No. 524505/19.

208 A.D.3d 479 (2022)

171 N.Y.S.3d 364

2022 NY Slip Op 04802

In the Matter of Ylli Dautaj, Appellant, v. City of New York, Respondent.

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

Decided August 3, 2022.


Attorney(s) appearing for the Case

Decolator, Cohen & DiPrisco, LLP, Garden City, NY ( Dominic DiPrisco , of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Eric Lee and Zachary S. Shapiro of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Miller and Zayas, JJ., concur.


Ordered that the order dated July 17, 2020, is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and, upon reargument, the order dated January 10, 2020, is vacated, and thereupon, the petition is granted, and the notice of claim is deemed timely served.

In determining whether to grant leave to serve a late notice of claim under General Municipal Law § 50-e(5), the court, in its discretion, must consider all relevant...

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