Opinion
August 11, 1997
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly found that the appellant received actual notice of the essential facts constituting the claim when the claimant filled out an accident report with the appellant's representatives immediately after the accident and that the appellant suffered no prejudice ( see, Walter v. State of New York, 235 A.D.2d 623; Matter of Zimmet v. Huntington Union Free School Dist., 187 A.D.2d 436). Accordingly, it cannot be said that the Supreme Court improvidently exercised its discretion when it granted the application for leave to serve a late notice of claim ( see, Fenton v. County of Dutchess, 148 A.D.2d 573).
O'Brien, J.P., Sullivan Goldstein and Luciano, JJ., concur.