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Roman v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 2003
304 A.D.2d 741 (N.Y. App. Div. 2003)

Opinion

2002-05936

Submitted March 20, 2003.

April 21, 2003.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated May 21, 2002, which denied her motion for leave to serve a late notice of claim and granted the cross motion of the defendant City of New York to dismiss the action.

Thaniel J. Beinert, Brooklyn, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Stacy Laine Matthews of counsel), for respondent City of New York.

Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The denial of the plaintiff's motion for leave to serve a late notice of claim was a provident exercise of discretion (see DeAngelis v. Board of Educ. of City of N.Y., 281 A.D.2d 448, 449; Matter of Landa v. City of New York, 252 A.D.2d 525).

The plaintiff's remaining contentions are without merit.

S. MILLER, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.


Summaries of

Roman v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 2003
304 A.D.2d 741 (N.Y. App. Div. 2003)
Case details for

Roman v. City of New York

Case Details

Full title:HAYDEE ROMAN, appellant, v. CITY OF NEW YORK, ET AL., respondents

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

Date published: Apr 21, 2003

Citations

304 A.D.2d 741 (N.Y. App. Div. 2003)
757 N.Y.S.2d 770