Appellate Division of the Supreme Court of the State of New York February 18, 2015, 2014-00197 (Simmons v. Simmons)

In an action, inter alia, to recover damages for breach of fiduciary duty, the defendants New York City and New York City

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Employees Retirement Systems appeal from an order of the Supreme Court, Kings County (Lewis, J.), dated September 27, 2013, which granted the plaintiffs motion for leave to serve a late notice of claim and denied their cross motion to dismiss the complaint.