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Klusmeyer v. County of Monroe
638 N.Y.S.2d 574
| N.Y. App. Div. | 1996
|
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—Order unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court abused its discretion in denying claimant’s motion for leave to serve a late notice of claim (see, General Municipal Law § 50-e [5]). Upon our review of the rec*1034ord, we conclude that claimant’s delay in serving the notice of claim did not substantially prejudice defendant County of Monroe in maintaining its defense on the merits (see, General Municipal Law § 50-e [5]; Matter of DeMolfetto v City of New York, 216 AD2d 295). (Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Late Notice of Claim.) Present — Green, J. P., Lawton, Fallon, Doerr and Balio, JJ.

Case Details

Case Name: Klusmeyer v. County of Monroe
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 2, 1996
Citation: 638 N.Y.S.2d 574
Court Abbreviation: N.Y. App. Div.
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