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MATTER OF BROWN v. CITY OF NEW YORK

2022-05343. Index No. 505152/22.

218 A.D.3d 466 (2023)

193 N.Y.S.3d 66

2023 NY Slip Op 03693

In the Matter of Kyle Brown, Appellant, v. City of New York, Respondent.

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

Decided July 5, 2023.

Attorney(s) appearing for the Case

Kelner & Kelner, New York, NY ( Joshua D. Kelner of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Jane L. Gordon and Philip W. Young of counsel), for respondent.

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

In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Gina Abadi, J.), dated June 29, 2022. The order denied the petition and, in effect, dismissed the proceeding.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is granted.

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