MATTER OF BERMUDEZ v. CITY OF NEW YORK

2017-06363. Index No. 520272/16.

167 A.D.3d 733 (2018)

89 N.Y.S.3d 289

2018 NY Slip Op 08477

In the Matter of Glenda Bermudez, Respondent, v. City of New York, Appellant.

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

Decided December 12, 2018.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.

On March 27, 2016, the petitioner allegedly tripped and fell on a defect in a crosswalk in Brooklyn. Approximately eight months later, she served a notice of claim upon the City of New York and commenced this proceeding pursuant to General Municipal Law § 50-e (5) to deem her late notice of claim timely served...

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