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Hubbard v. County of Suffolk

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1978
65 A.D.2d 567 (N.Y. App. Div. 1978)

Opinion

October 10, 1978


In an action for injunctive relief, or in the alternative, for damages, defendants appeal from an order of the Supreme Court, Suffolk County, dated November 22, 1977, which granted plaintiffs' motion for leave to serve a late notice of claim pursuant to section 50-e Gen. Mun. of the General Municipal Law. Order affirmed, with $50 costs and disbursements. Although the delay in filing the notice of claim was inexcusable, defendants have at all times had actual knowledge of the essential facts constituting the claim and have not been substantially prejudiced in maintaining their defense on the merits. Under these circumstances, it was not an abuse of discretion to grant the motion seeking leave to file a late notice of claim. Hopkins, J.P., Latham, Gulotta and O'Connor, JJ., concur.


Summaries of

Hubbard v. County of Suffolk

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1978
65 A.D.2d 567 (N.Y. App. Div. 1978)
Case details for

Hubbard v. County of Suffolk

Case Details

Full title:WILLIAM G. HUBBARD et al., Respondents, v. COUNTY OF SUFFOLK et al.…

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

Date published: Oct 10, 1978

Citations

65 A.D.2d 567 (N.Y. App. Div. 1978)

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