Matter of Vargas v. N.Y. City Housing Auth

Full title: In the Matter of EDGARDO VARGAS, Respondent, v. NEW YORK CITY HOUSING…

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

Date published: Jun 25, 1992

184 A.D.2d 435 (N.Y. App. Div. 1992)

585 N.Y.S.2d 397

Opinion

June 25, 1992

Appeal from the Supreme Court, Bronx County (Anita Florio, J.).

Under the circumstances it is clear that respondent "acquired actual knowledge of the essential facts constituting the claim" within the prescribed time and was not prejudiced by the delay (General Municipal Law § 50-e; see, Matter of Beary v. City of Rye, 44 N.Y.2d 398). We also note, inter alia, that petitioner's explanation for the delay in filing the notice of claim was adequate (see, Matter of Gerzel v. City of New York, 117 A.D.2d 549).

Concur — Carro, J.P., Ellerin, Kupferman and Asch, JJ.