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MATTER OF MOUNSEY v. CITY OF NEW YORK

2009-03596

68 A.D.3d 998 (2009)

2009 NY Slip Op 9471

891 N.Y.S.2d 440

In the Matter of LYNN MOUNSEY, Respondent, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided December 15, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting that branch of the petition which was for leave to serve a late notice of claim upon the appellant, New York City Housing Authority.

General Municipal Law § 50-e (5) requires the court to consider certain factors in determining whether to grant leave to serve a late notice of...

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