Cedano v. City of New York

• Decision Date: 07 April 1981
• Citation: 81 A.D.2d 512,440 N.Y.S.2d 537
• Parties: Esteban E. CEDANO, Plaintiff-Respondent, v. The CITY OF NEW YORK, Defendant-Appellant, Consolidated Edison, Defendant.
• Court: New York Supreme Court — Appellate Division

Page 537

440 N.Y.S.2d 537

81 A.D.2d 512

Esteban E. CEDANO, Plaintiff-Respondent, v. The CITY OF NEW YORK, Defendant-Appellant, Consolidated Edison, Defendant.

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

April 7, 1981

S. Kruger, New York City, for respondent. B. Burstein, New York City, for appellant.

Upon remittitur from the Court of Appeals, 51 N.Y.2d 896, 434 N.Y.S.2d 990, 415 N.E.2d 978, the Order of Supreme Court, Bronx County (Kent, J.), entered December 4, 1978, is unanimously reversed, on the facts and in the exercise of discretion, and the motion for leave to file a late notice of claim is denied, without costs.

Based upon the facts in the present record as summarized in our memorandum decision of February 14, 1980, 425 N.Y.S.2d 9, we are of the view that Special Term abused its discretion in granting Plaintiff's motion.

BIRNS, J. P., and SANDLER, ROSS, LYNCH and CARRO, JJ., concur.