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MATTER OF JAIME v. CITY OF NEW YORK

Nos. 15, 16.

2024 NY Slip Op 01581

IN THE MATTER OF LUIS JAIME, Respondent, v. CITY OF NEW YORK, Appellant. IN THE MATTER OF ADAN OROZCO, Respondent, v. CITY OF NEW YORK, Appellant.

Court of Appeals of New York.

Decided March 21, 2024.

Attorney(s) appearing for the Case

Lorenzo Di Silvio , for appellant.

Elina Druker for appellant.

Opinion by Judge Troutman. Chief Judge Wilson and Judges Garcia, Singas, Cannataro and Halligan concur. Judge Rivera concurs in result in an opinion.

The issue here is whether the trial courts abused their discretion in granting petitioners leave to serve a late notice of claim against respondent City of New York (City) pursuant to General Municipal Law § 50-e(5). We hold that the courts abused their discretion in determining that the alleged participation of the City's employees...

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