Miranda v. New York City Transit Authority

262 A.D.2d 199, 694 N.Y.S.2d 352, 1999 N.Y. App. Div. LEXIS 7429

Opinion

—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered January 8, 1998, which granted plaintiff’s motion for leave to file a late notice of claim, unanimously affirmed, without costs.

Although defendant Transit Authority urges that it has been prejudiced by plaintiff’s delay in filing a notice of claim and that plaintiff’s motion for leave to file a late notice of claim should have been denied, accident reports prepared by the bus driver and a supervisor immediately after the subject accident, documenting the circumstances of plaintiff’s injury, provided defendant with timely actual knowledge of the essential facts constituting the claim (see, General Municipal Law § 50-e [5]). Accordingly, defendant’s claim of prejudice is fatally undermined. Concur — Rosenberger, J. P., Williams, Tom, Wallach and Buckley, JJ.