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COCKBURN v. TOWN OF MINA, NY

K1-2016-791.

53 Misc.3d 1002 (2016)

2016 NY Slip Op 26294

38 N.Y.S.3d 736

SHEILA COCKBURN, Claimant, v. TOWN OF MINA, NEW YORK, Defendant.

Supreme Court, Chautauqua County.

Decided September 19, 2016.

Attorney(s) appearing for the Case

Higgins Kane Law Group, P.C. (Terrence P. Higgins of counsel) for claimant.

Bouvier Partnership, LLP (Paula M. Eade Newcomb of counsel) for defendant.

OPINION OF THE COURT

The principal question for the court is whether claimant will be permitted to file an exceptionally late notice of claim.

On May 25, 2015, claimant was a passenger on a three-wheeled motorcycle, commonly referred to as a "trike," operated by her late husband, Russell Cockburn. While...

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