Opinion
March 12, 1992
Appeal from the Supreme Court, Bronx County (Alan J. Saks, J.).
By order to show cause dated January 8, 1991, petitioner infant was granted leave to serve a late notice of claim for an accident that allegedly occurred September 12, 1990, in a playground maintained by respondent Housing Authority. Under General Municipal Law § 50-e (5), the IAS court can "consider all relevant factors" in exercising its "considerable discretion" to grant leave to serve a late notice of claim (Cruz v New York City Hous. Auth., 178 A.D.2d 291). In view of the short delay, petitioner's infancy, and the lack of prejudice to respondent, the application was properly granted.
Concur — Murphy, P.J., Rosenberger, Ellerin, Kupferman and Kassal, JJ.