Opinion
1878
October 16, 2003.
Order, Supreme Court, New York County (Joan Madden, J.), entered on or about July 12, 2002, which, in an action for personal injuries allegedly caused by a defect in a bicycle path owned or maintained by defendants, denied plaintiff's application to serve a late notice of claim on defendant-respondent, unanimously affirmed, without costs.
Andrew L. Spitz, for plaintiff-appellant.
Ross P. Masler, for defendant-respondent.
Before: Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ.
The motion court's denial of the application to file a late notice of claim was not an improvident exercise of discretion under the circumstances (see Matter of Vargas v. New York City Hous. Auth., 232 A.D.2d 263, lv denied 89 N.Y.2d 817; Crowell v. City of New York, 228 A.D.2d 322; compare Matter of Gherardi v. City of New York, 294 A.D.2d 101).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.