MATTER OF PEREZ v. CITY OF NEW YORK

2018-03952, Index No. 85247/17.

175 A.D.3d 1534 (2019)

109 N.Y.S.3d 153

2019 NY Slip Op 06774

In the Matter of Damaris Perez, Respondent, v. City of New York et al., Appellants.

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

Decided September 25, 2019.


Attorney(s) appearing for the Case

Georgia M. Pestana , Acting Corporation Counsel, New York, NY ( Fay Ng and Lorenzo Di Silvio of counsel), for appellants.

Votto & Albee, PLLC, Staten Island, NY ( Christopher J. Albee of counsel), for respondent.

Dillon, J.P., Leventhal, Brathwaite Nelson and Christopher, JJ., concur.


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 August 26, 2016, the petitioner allegedly tripped and fell on a defect in an asphalt pathway near the entrance of a restaurant on Staten Island. Approximately one year and three months later, she commenced this proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim...

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