Klusmeyer v. County of Monroe

224 A.D.2d 1033, 638 N.Y.S.2d 574, 1996 N.Y. App. Div. LEXIS 1742

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 2, 1996
• Status: Published

Opinion

—Order unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court abused its discretion in denying claimant’s motion for leave to serve a late notice of claim (see, General Municipal Law § 50-e [5]). Upon our review of the record, we conclude that claimant’s delay in serving the notice of claim did not substantially prejudice defendant County of Monroe in maintaining its defense on the merits (see, General Municipal Law § 50-e [5]; Matter of DeMolfetto v City of New York, 216 AD2d 295). (Appeal from Order of Supreme Court, Monroe County, Galloway, J. — Late Notice of Claim.) Present — Green, J. P., Lawton, Fallon, Doerr and Balio, JJ.