Febles v. City of New York

Appellate Division of the Supreme Court of New York

Febles v. City of New York

15 A.D.3d 248, 789 N.Y.S.2d 482, 2005 N.Y. App. Div. LEXIS 1463

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 10, 2005

StatusPublished

This text of 15 A.D.3d 248 (Febles v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Febles v. City of New York, 15 A.D.3d 248, 789 N.Y.S.2d 482, 2005 N.Y. App. Div. LEXIS 1463 (N.Y. Ct. App. 2005).

Pincite

Opinion

Order, Supreme Court, Bronx County (George Salerno, J.), entered May 13, 2004, which, to the extent appealed from, granted the infant plaintiffs motion pursuant to General Municipal Law § 50-e (5) for leave to file a late notice of claim, unanimously affirmed, without costs.

The IAS court properly exercised its discretion in granting the infant plaintiffs timely motion for leave to file a late notice of claim. Although no specific excuse was offered for the delay, that circumstance was properly found nondispositive given the [249]*249moving plaintiffs infancy during the relevant period and the absence of prejudice to defendants (see Ali v Bunny Realty Corp., 253 AD2d 356 [1998]). Defendants, we note, had actual notice of the alleged defect, which was identified on the Big Apple Map 10 months prior to the accident. Moreover, the alleged defect is apparently permanent, and can still be inspected.

We have reviewed defendants’ remaining arguments and find them unavailing. Concur — Andrias, J.E, Saxe, Sullivan, Ellerin and Sweeny, JJ.

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Order, Supreme Court, Bronx County (George Salerno, J.), entered May 13, 2004, which, to the extent appealed from, granted the infant plaintiffs motion pursuant to General Municipal Law § 50-e (5) for leave to file a late notice of claim, unanimously affirmed, without costs.

The IAS court properly exercised its discretion in granting the infant plaintiffs timely motion for leave to file a late notice of claim. Although no specific excuse was offered for the delay, that circumstance was properly found nondispositive given the [249]*249moving plaintiffs infancy during the relevant period and the absence of prejudice to defendants (see Ali v Bunny Realty Corp., 253 AD2d 356 [1998]). Defendants, we note, had actual notice of the alleged defect, which was identified on the Big Apple Map 10 months prior to the accident. Moreover, the alleged defect is apparently permanent, and can still be inspected.

We have reviewed defendants’ remaining arguments and find them unavailing. Concur — Andrias, J.E, Saxe, Sullivan, Ellerin and Sweeny, JJ.

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Bluebook (online)

15 A.D.3d 248, 789 N.Y.S.2d 482, 2005 N.Y. App. Div. LEXIS 1463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/febles-v-city-of-new-york-nyappdiv-2005.

Opinion

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