Denisco v. City of New York

Order, Supreme Court, New York County (Joan Madden, J.), entered on or about July 12, 2002, which, in an action for personal injuries allegedly caused by a defect in a bicycle path owned or maintained by defendants, denied plaintiffs application to serve a late notice of claim on defendant-respondent, unanimously affirmed, without costs.

The motion court’s denial of the application to file a late notice of claim was not an improvident exercise of discretion under the circumstances (see Matter of Vargas v New York City Hous. Auth., 232 AD2d 263 [1996], lv denied 89 NY2d 817 [1997]; Crowell v City of New York, 228 AD2d 322 [1996]; compare Matter of Gherardi v City of New York, 294 AD2d 101 [2002]). Concur — Andrias, J.P., Ellerin, Williams, Lerner and Gonzalez, JJ.