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Matter of Garcia v. New York City Hous. Auth

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1993
195 A.D.2d 557 (N.Y. App. Div. 1993)

Opinion

July 19, 1993

Appeal from the Supreme Court, Queens County (Graci, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

General Municipal Law § 50-e (5) allows courts to consider all relevant factors and to exercise considerable discretion in determining whether to permit service of a late notice of claim (see, Matter of Reisse v. County of Nassau, 141 A.D.2d 649). After reviewing the circumstances underlying the petitioner's application, we conclude that the court properly exercised its discretion in granting her leave to serve a late notice of claim. The record establishes that on the date of the incident the New York City Housing Authority (hereinafter the Housing Authority) had knowledge of the facts underlying the claim. Its employees were the subject of an investigation of the event that forms the basis of the petitioner's allegations (see, e.g., Haynes v. City of New York, 100 A.D.2d 572). Moreover, the Housing Authority has not shown that it would be prejudiced by the late service of the petitioner's notice of claim. Thompson, J.P., Rosenblatt, Miller and Santucci, JJ., concur.


Summaries of

Matter of Garcia v. New York City Hous. Auth

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1993
195 A.D.2d 557 (N.Y. App. Div. 1993)
Case details for

Matter of Garcia v. New York City Hous. Auth

Case Details

Full title:In the Matter of KEISHA GARCIA, Respondent, v. NEW YORK CITY HOUSING…

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

Date published: Jul 19, 1993

Citations

195 A.D.2d 557 (N.Y. App. Div. 1993)
600 N.Y.S.2d 730

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