Opinion
16
January 24, 2002
Order, Supreme Court, Bronx County (Stanley Green, J.), entered August 3, 2000, which, upon a grant of renewal, denied petitioner's motion insofar as it sought leave to file a late notice of claim, unanimously affirmed, without costs
MARTIN R. MUNITZ, Petitioner-Appellant,
JANE L. GORDON, Respondent-Respondent.
Before: Andrias, J.P., Saxe, Buckley, Friedman, Marlow, JJ
A motion to serve a late notice of claim is appropriately denied where the claim is "patently meritless" (Caldwell v. 302 Convent Ave. Hous. Dev. Fund Corp., 272 A.D.2d 112, 114). Here, the motion court properly concluded that petitioner's proposed claim was indeed "patently meritless" in view of the circumstances, namely, that the surface of the basketball court contained an obvious defect (McKey v. City of New York, 234 A.D.2d 114; Green v. City of New York, 263 A.D.2d 385). Petitioner's belated claim that the crack on which he fell constituted a unique or concealed condition is not supported, and, indeed, is belied by the record.
We have considered petitioner's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT