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Klusmeyer v. County of Monroe

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 1033 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Supreme Court, Monroe County, Galloway, J.

Present — Green, J.P., Lawton, Fallon, Doerr and Balio, JJ.


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). Upon our review of the record, 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; Matter of DeMolfetto v. City of New York, 216 A.D.2d 295).


Summaries of

Klusmeyer v. County of Monroe

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 1033 (N.Y. App. Div. 1996)
Case details for

Klusmeyer v. County of Monroe

Case Details

Full title:CHERI KLUSMEYER, Appellant, v. COUNTY OF MONROE, Respondent, et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 2, 1996

Citations

224 A.D.2d 1033 (N.Y. App. Div. 1996)
638 N.Y.S.2d 574