Opinion
February 8, 1993
Appeal from the Supreme Court, Kings County (Williams, J.).
Ordered that the order is affirmed, with costs.
On or about February 7, 1990, the petitioner, a diabetic, stepped on a small piece of metal wire allegedly left inside her apartment by the respondent's workers, who had repaired a water leak in October and November of 1989. On February 14, 1990, the petitioner saw a physician and was thereafter hospitalized. By notice of motion dated June 22, 1990, the petitioner sought leave to serve a late notice of claim. The court denied the motion. We affirm. The record shows that the respondent would be substantially prejudiced if the motion were granted, in that the respondent had no knowledge of the alleged negligence or injury until this notice of motion was served (see, Matter of Siena v Marlboro Houses, 188 A.D.2d 534; Matter of Katz v Rockville Centre Union Free School Dist., 131 A.D.2d 574; Cedano v City of New York, 51 N.Y.2d 896; Kravitz v County of Rockland, 112 A.D.2d 352). Rosenblatt, J.P., Lawrence, O'Brien and Pizzuto, JJ., concur.