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MATTER OF McFARLAND v. CITY OF NEW YORK

2017-09644. Index No. 5494/16.

169 A.D.3d 687 (2019)

92 N.Y.S.3d 725

2019 NY Slip Op 00879

In the Matter of Heath McFarland, Appellant, v. City of New York et al., Respondents.

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

Decided February 6, 2019.

Ordered that the order is affirmed, with costs.

On November 2, 2015, the petitioner, an employee of the New York City Department of Sanitation (hereinafter the DSNY), allegedly was injured when he slipped and fell in a DSNY garage. On or about September 1, 2016, the petitioner commenced this proceeding for leave to serve a late notice of claim upon the DSNY and the City of New York (hereinafter together the respondents) and, thereafter, on October 31, 2016, commenced...

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