Opinion
December 3, 1992
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
The IAS Court has broad discretion to permit the late filing of a notice of claim, giving due consideration to the various statutory factors set forth in General Municipal Law § 50-e (5). (Matter of Andrews v Village of Sherburne, 140 A.D.2d 790, 791, lv denied 72 N.Y.2d 807.) In this case, where the claimant is an infant and respondent New York City Housing Authority was given notice of the claim promptly after expiration of the ninety day period and has demonstrated no discernible prejudice since the alleged defective condition existed subsequent to the filing of the notice, the IAS Court did not abuse its discretion in granting the requested relief. Neither the purported inadequacy of the claimant's excuse for the limited delay that took place in this case, nor the fact that the claimant may ultimately be unsuccessful on the merits (see, Matter of Reisse v County of Nassau, 141 A.D.2d 649, 650) precludes the court from exercising its discretion in this case. We also find that the stipulation submitted by claimant was sufficient to evidence a waiver of respondent's service objection.
Concur — Murphy, P.J., Wallach, Ross, Asch and Rubin, JJ.