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RODRIGUEZ v. CITY OF NEW YORK

2281, 154450/15.

144 A.D.3d 574 (2016)

2016 NY Slip Op 07870

40 N.Y.S.3d 903

FRANCISCO RODRIGUEZ, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided November 22, 2016.

We affirm on the alternate ground that the court lacked discretion to grant the renewed application for leave to file a late notice of claim since the application was made after the expiration of the one-year-and-90-day limitations period for bringing suit against the City (General Municipal Law § 50-i [1] [c]; Pierson v City of New York, 56 N.Y.2d 950, 955-956 [1982]; Fornabaio v City of New York, 41...

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