Opinion
November 20, 1995
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order is reversed, on the law, with costs, the application is granted, and the proposed notice of claim dated June 30, 1992, is deemed served.
In view of the minor delay (11 days) and the absence of prejudice to the defendants, the denial of the plaintiffs' application for leave to serve a late notice of claim was an improvident exercise of discretion under the circumstances of this case (see, General Municipal Law § 50-e; Matter of Ealey v City of New York, 204 A.D.2d 720; Matter of D'Anjou v New York City Health Hosps. Corp., 196 A.D.2d 818; Matter of Gandia v New York City Hous. Auth., 173 A.D.2d 824). Balletta, J.P., Ritter, Copertino and Pizzuto, JJ., concur.