Matter of Monroy v. New York City Hous. Auth

Full title: In the Matter of DENNY A. MONROY et al., Respondents, v. NEW YORK CITY…

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

Date published: Feb 28, 1994

201 A.D.2d 737 (N.Y. App. Div. 1994)

608 N.Y.S.2d 311

Opinion

February 28, 1994

Appeal from the Supreme Court, Kings County (Aronin, J.).

Ordered that the order is affirmed, with costs.

The infant petitioner was allegedly injured when he was struck in the eye by a thorn on a tree branch while walking on property maintained by the appellant. Considering that the petitioners were not immediately aware of the severity of the injury and that the notice of claim was filed only 11 days after the expiration of the 90-day limit, the Supreme Court did not improvidently exercise its discretion in granting the application to serve a late notice of claim (see, General Municipal Law § 50-e; Raizner v. City of New York, 174 A.D.2d 423; Rosenblatt v. City of New York, 160 A.D.2d 927). Bracken, J.P., O'Brien, Copertino and Hart, JJ., concur.