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Vargas v. New York City Housing Authority

184 A.D.2d 435, 587 N.Y.S.2d 146, 1992 N.Y. App. Div. LEXIS 8550
Appellate Division of the Supreme Court of the State of New York·Decided June 25, 1992·Published

Opinion

Order, Supreme Court, Bronx County (Anita Florio, J.), entered May 9, 1991, which granted petitioner’s motion for leave to file a late notice of claim, unanimously affirmed, without costs.

Under the circumstances it is clear that respondent "acquired actual knowledge of the essential facts constituting the claim” within the prescribed time and was not prejudiced by the delay (General Municipal Law § 50-e [5]; see, Matter of Beary v City of Rye, 44 NY2d 398). We also note, inter alia, that petitioner’s explanation for the delay in filing the notice of claim was adequate (see, Matter of Gerzel v City of New York, 117 AD2d 549). Concur — Carro, J. P., Ellerin, Kupferman and Asch, JJ.

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Vargas v. New York City Housing Authority, 184 A.D.2d 435, 587 N.Y.S.2d 146, 1992 N.Y. App. Div. LEXIS 8550 (N.Y. Ct. App. 1992).

184 A.D.2d 435 (Vargas v. New York City Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gerzel v. City of New York
117 A.D.2d 549 (Appellate Division of the Supreme Court of New York, 1986)