Opinion
February 22, 1994
Appeal from the Supreme Court, Queens County (Price, J.).
Ordered that the appeal by the City of New York is dismissed as academic, since the action against it has been discontinued; and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs, payable by the appellant New York City Housing Authority.
On July 21, 1990, the plaintiff was shot by unknown assailants in the hallway outside his apartment in a building owned by the defendant New York City Housing Authority (hereinafter NYCHA). He subsequently commenced an action alleging that the NYCHA and the City of New York (hereinafter the City) were negligent in failing to provide adequate security at the premises. The plaintiff's notice of claim was served upon the NYCHA on or about December 17, 1990, more than 90 days after the incident (see, General Municipal Law § 50-e [a]). Thereafter, the plaintiff moved for leave to serve a late notice of claim. Based on all the circumstances, the Supreme Court did not improvidently exercise its discretion in granting the plaintiff's motion for leave to serve a late notice of claim (see, Morano v. County of Dutchess, 160 A.D.2d 690; General Municipal Law § 50-e).
Since the action has been discontinued against the City, its appeal is dismissed as academic. Bracken, J.P., Miller, O'Brien and Altman, JJ., concur.