Appellate Division of the Supreme Court of New York, 1987

Morales v. City of New York

Morales v. City of New York
Appellate Division of the Supreme Court of New York · Decided July 13, 1987
132 A.D.2d 601; 517 N.Y.S.2d 434; 1987 N.Y. App. Div. LEXIS 49141
Morales v. City of New York

Opinion of the Court

In a proceeding for leave to file a late notice of claim, the City of New York and the Board of Education of the City of New York appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Kings County (Rader, J.), dated February 18, 1986, as granted that branch of the petitioners’ application which was for leave to file a late notice of claim as to the infant petitioner’s cause of action.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

It was a proper exercise of discretion to allow the infant petitioner to file a late notice of claim. The delay in serving the notice of claim did not substantially prejudice the appellants in this case (see, General Municipal Law § 50-e [5]). Niehoff, J. P., Lawrence, Weinstein and Kunzeman, JJ., concur.

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