Bussey v City of New York

2008 NY Slip Op 03575 [50 AD3d 938]

April 22, 2008

Appellate Division, Second Department

As corrected through Wednesday, June 18, 2008

Trina Bussey et al., Respondents, v City of New York,Appellant, et al., Defendant.

—[*1]Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo andSusan Paulson of counsel), for appellant.

In an action to recover damages for personal injuries, etc., the defendant City of New Yorkappeals from an order of the Supreme Court, Kings County (Battaglia, J.), dated March 28, 2007,which granted the plaintiffs' motion for leave to serve a late notice of claim pursuant to GeneralMunicipal Law § 50-e (5).

Ordered that the order is affirmed, without costs or disbursements.

Under the facts of this case, the Supreme Court providently exercised its discretion ingranting the plaintiffs' motion for leave to serve a late notice of claim pursuant to GeneralMunicipal Law § 50-e (5). The defendant City of New York acquired notice of theessential facts of the subject incident within a reasonable time after the statutory 90-day-periodfollowing the accident (see Matter ofMarch v Town of Wappinger, 29 AD3d 998 [2006]; cf. Matter of National Sur.Corp. v Town of Greenburgh, 266 AD2d 550 [1999]). Moreover, the City was not prejudicedby the short delay (see Lossino v New York City Tr. Auth., 264 AD2d 383 [1999]).Rivera, J.P., Santucci, Dickerson and Belen, JJ., concur.