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Matter of Tarnaras v. Farmingdale Union

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 545 (N.Y. App. Div. 1994)

Opinion

June 6, 1994

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


Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in granting the petitioners' application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5).

The petitioners' application was made one month after the 90-day period within which to serve a notice of claim had expired. The proposed notice of claim submitted with the application was sufficiently specific to assure the appellant a reasonable opportunity to conduct a full and effective investigation regarding the petitioners' claim (see, Matter of Fritsch v. Westchester County Dept. of Transp., 170 A.D.2d 602). Moreover, the appellant failed to demonstrate that it was prejudiced by the relatively short delay that exists in this case (see, Baldeo v. City of New York, 127 A.D.2d 809). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.


Summaries of

Matter of Tarnaras v. Farmingdale Union

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 545 (N.Y. App. Div. 1994)
Case details for

Matter of Tarnaras v. Farmingdale Union

Case Details

Full title:In the Matter of HELEN TARNARAS et al., Respondents, v. FARMINGDALE UNION…

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

Date published: Jun 6, 1994

Citations

205 A.D.2d 545 (N.Y. App. Div. 1994)
614 N.Y.S.2d 277

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