Opinion
August 24, 1998
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the order dated October 30, 1997, is reversed, on the law, and the motion to resettle the order dated June 4, 1997, is granted; and it is further,
Ordered that the order dated June 4, 1997, is resettled by adding to the first paragraph thereof, after the words "dated January 7, 1997," the following language: "and the affirmation of Jeoungson Kim, dated January 28, 1997, and any exhibits submitted in connection therewith, in opposition to the application"; and it is further,
Ordered that the order dated June 4, 1997, as so resettled, is reversed, as a matter of discretion, the application is denied, and the proceeding is dismissed; and it is further,
Ordered that the appellant is awarded one bill of costs.
Approximately nine months after an alleged slip and fall in a building owned and operated by the appellant, New York City Housing Authority, the petitioners commenced this proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). However, because the petitioners failed to proffer either a reasonable excuse for their delay or proof that the appellant had actual knowledge of the essential facts of their claim within 90 days after its accrual or within a reasonable time thereafter, the court improvidently exercised its discretion in granting such leave ( see, Matter of Dickerson v. New York City Hous. Auth., 245 A.D.2d 371; Matter of Finneran v. City of New York, 228 A.D.2d 596; Weber v. County of Suffolk, 208 A.D.2d 527).
The appellant was entitled to resettlement of the recital paragraphs of the order dated June 4, 1997, to reflect the fact that it submitted papers in opposition to the petitioners' application ( see, Matter of Stonchius, 209 A.D.2d 705; CPLR 2219).
Rosenblatt, J.P., Ritter, Copertino and Florio, JJ., concur.