Stenowich v. Colonie Industrial Development Agency
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Hughes, J.), entered August 11, 1988 in Albany County, *895which, inter alia, denied petitioner’s application pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim.
Petitioner was injured on September 29, 1987 at his place of employment, Sysco Frosted Foods, Inc., when a valve upon a refrigeration unit failed, causing the escape of toxic gas. The real property upon which the Sysco facility is located is owned by respondent Colonie Industrial Development Agency (hereinafter the IDA), a public authority established by…
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