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MATTER OF VINCENT v. CITY OF NEW YORK

2020-05749. Index No. 506881/19.

208 A.D.3d 589 (2022)

173 N.Y.S.3d 595

2022 NY Slip Op 04916

In the Matter of Martin Vincent et al., Appellants, v. City of New York et al., Respondents.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Eric H. Green (Arnold E. DiJoseph, P.C., New York, NY [ Arnold E. DiJoseph III ], of counsel), for appellants.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Devin Slack and Benjamin Pollak of counsel), for respondents.

Iannacci, J.P., Zayas, Genovesi and Ford, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On November 13, 2018, the petitioners allegedly were injured in a motor vehicle accident involving a vehicle owned by the respondents. On March 26, 2019, the petitioners served a late notice of claim upon the respondents without leave of court, and subsequently commenced this proceeding, inter alia, pursuant to General Municipal Law § 50-e(5) to deem the late notice of claim timely served...

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