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Matter of Major v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 344 (N.Y. App. Div. 1998)

Opinion

December 7, 1998

Appeal from the Supreme Court, Nassau County (DiNoto, J.).


Ordered that the order is affirmed, without costs or disbursements.

It is well settled that the determination as to whether to grant leave to serve a late notice of claim lies within the sound discretion of the trial court ( see, Matter of Sverdlin v. City of New York, 229 A.D.2d 544, 545; Matter of Singh v. City Univ., 223 A.D.2d 545, 546; Matter of Gallino v. Village of Shoreham, 222 A.D.2d 506; Matter of Rudisel v. City of New York, 217 A.D.2d 702).

Upon weighing the statutory factors set forth in General Municipal Law § 50-e (5), as well as considering all other relevant facts and circumstances, we find that it was not an improvident exercise of discretion to grant the petitioner's application for leave to serve a late notice of claim.

Pizzuto, J.P., Joy, Goldstein and Luciano, JJ., concur.


Summaries of

Matter of Major v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 344 (N.Y. App. Div. 1998)
Case details for

Matter of Major v. County of Nassau

Case Details

Full title:In the MATTER OF LEONARD MAJOR, Respondent v. COUNTY OF NASSAU, Appellant

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

Date published: Dec 7, 1998

Citations

256 A.D.2d 344 (N.Y. App. Div. 1998)
681 N.Y.S.2d 757

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