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MATTER OF ASHKENAZIE v. CITY OF NEW YORK

2017-09965. Index No. 502757/17.

165 A.D.3d 785 (2018)

85 N.Y.S.3d 508

2018 NY Slip Op 06734

In the Matter of Yolanda Ashkenazie, Appellant, v. City of New York et al., Respondents.

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

Decided October 10, 2018.

Ordered that the order is affirmed, with costs.

The petitioner allegedly was injured when she fell on a sidewalk defect in Brooklyn. She subsequently served a notice of claim on the respondents beyond the 90-day statutory period (see General Municipal Law § 50-e [1] [a]), and the respondents rejected the notice of claim and disallowed her claim based on the untimely service. More than nine months after the rejection, the petitioner commenced this proceeding...

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