Erie Insurance Company v City of Syracuse

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Erie Ins. Co. v City of Syracuse 2003 NY Slip Op 18693 [1 AD3d 1065] Decided on November 21, 2003 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, KEHOE, AND HAYES, JJ.
1337 CA 03-01109

[*1]ERIE INSURANCE COMPANY, AS SUBROGEE OF ANSELMO SUSTACHE, PLAINTIFF-RESPONDENT, ORDER

v

CITY OF SYRACUSE, DEFENDANT-APPELLANT.


Appeal from an order of Supreme Court, Onondaga County (Centra, J.), entered August 8, 2002, which granted plaintiff's application for leave to serve a late notice of claim.


TERRI BRIGHT, CORPORATION COUNSEL, SYRACUSE (MARY ANNE DOHERTY OF COUNSEL), FOR DEFENDANT-APPELLANT.
HANDELMAN, WITKOWICZ & LEVITSKY, ROCHESTER (ERIC D. HANDELMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.



It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court

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