Opinion
8480 Index 152371/17
02-21-2019
Wingate, Russotti, Shapiro & Halperin, LLP, New York (David M. Schwarz of counsel), for appellant. Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Joel M. Simon of counsel), for respondent.
Wingate, Russotti, Shapiro & Halperin, LLP, New York (David M. Schwarz of counsel), for appellant.
Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Joel M. Simon of counsel), for respondent.
Friedman, J.P., Gische, Kapnick, Gesmer, Kern, JJ.
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about March 12, 2018, which denied petitioner's application for leave to file a late notice of claim, unanimously reversed, on the law and in the exercise of discretion, without costs, and the application granted.
The motion court improvidently exercised its discretion in denying petitioner's application for leave to file a late notice of claim given that it appears respondent had actual knowledge of the facts and circumstances constituting the claim within a reasonable time after the statutorily prescribed 90–day filing period (see General Municipal Law § 50–e[5] ). Moreover, it appears that respondent is not prejudiced by petitioner's delay in filing the notice of claim.
We have considered respondent's remaining arguments and find them unavailing.