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In the Matter of Rising

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 718 (N.Y. App. Div. 2004)

Opinion

2003-04941.

Decided April 26, 2004.

In a proceeding pursuant to General Municipal Law § 50-e(5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Suffolk County (Molia, J.), dated May 5, 2003, which granted the petition.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Garden City, N.Y. (Kathleen D. Foley of counsel), for appellant.

Hirsch and Hirsch, Hempstead, N.Y. (Scott Hirsch of counsel), for respondents.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The infant petitioner was injured while he was on a slide in a school playground. The petitioner established that there was a reasonable excuse for the delay in serving a notice of claim, the appellant acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and the appellant did not suffer substantial prejudice by the delay ( see D'Alessandro v. New York City Tr. Auth., 83 N.Y.2d 891, 893; Matter of Barrios v. City of New York, 300 A.D.2d 480, 481). Accordingly, the Supreme Court providently exercised its discretion in granting the application.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.


Summaries of

In the Matter of Rising

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 718 (N.Y. App. Div. 2004)
Case details for

In the Matter of Rising

Case Details

Full title:IN THE MATTER OF DANIEL T. RISING, ETC., ET AL., respondents, v. EASTERN…

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

Date published: Apr 26, 2004

Citations

6 A.D.3d 718 (N.Y. App. Div. 2004)
775 N.Y.S.2d 178