| Matter of Rodriguez v Western Regional Off-Track BettingCorp. |
| 2010 NY Slip Op 05120 [74 AD3d 1811] |
| June 11, 2010 |
| Appellate Division, Fourth Department |
| In the Matter of Ada Rodriguez, Respondent, v Western RegionalOff-Track Betting Corporation, Appellant. |
—[*1] Spadafora & Verrastro, LLP, Buffalo (Richard E. Updegrove of counsel), forclaimant-respondent.
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), enteredAugust 11, 2009. The order granted the application of claimant for leave to serve a late notice ofclaim.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Supreme Court did not abuse its discretion in granting claimant's applicationseeking leave to serve a late notice of claim on respondent pursuant to General Municipal Law§ 50-e (5). In support of her application, claimant established that she was unaware of thesevere or permanent nature of her injuries until after the expiration of the statutory time period,and we thus conclude that she thereby established a reasonable excuse for the delay (seeMatter of Greene v Rochester Hous. Auth., 273 AD2d 895 [2000]; More v GeneralBrown Cent. School Dist., 262 AD2d 1030 [1999]; Matter of Esposito v Carmel Cent.School Dist., 187 AD2d 854 [1992]). Further, it is undisputed that respondent had actualnotice of claimant's accident inasmuch as the record establishes that respondent was immediatelynotified of the accident, prepared an accident report, and took photographs of the sidewalk whereclaimant fell and, finally, respondent failed to demonstrate any prejudice occasioned byclaimant's 29-day delay in serving the notice of claim (see Matter of Hall v Madison-Oneida County Bd. of Coop. Educ.Servs., 66 AD3d 1434 [2009];Matter of Bitetto v City of Yonkers, 13 AD3d 367, 368 [2004]; Wetzel Servs. Corp.v Town of Amherst, 207 AD2d 965 [1994]). Present—Scudder, P.J., Peradotto, Carni,Lindley and Sconiers, JJ.