Matter of Bell v. City of New York

Full title: In the Matter of JOSEPHINE BELL, Appellant, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 13, 1992

179 A.D.2d 639 (N.Y. App. Div. 1992)

578 N.Y.S.2d 589

Opinion

January 13, 1992

Appeal from the Supreme Court, Queens County (Posner, J.).

Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the application is granted, and the proposed notice of claim is deemed served.

Under the circumstances of this case, we find that the Supreme Court improvidently exercised its discretion in denying the petitioner's application for leave to file a late notice of claim (see, Matter of Harris v. Dormitory Auth., 168 A.D.2d 560; Rosenblatt v. City of New York, 160 A.D.2d 927; Baldeo v. City of New York, 127 A.D.2d 809; Matter of Cannistra v. Town of Putnam Val., 124 A.D.2d 801). Kunzeman, J.P., Balletta, Miller and Ritter, JJ., concur.