Opinion
December 15, 1992
Appeal from the Supreme Court, New York County (Martin Evans, J.).
The instant application was made within 30 days after expiration of the 90-day time limit, and alleges that petitioner fell outside her apartment door as a result of respondent's negligence in maintaining the hallway. In exercising their broad discretion under General Municipal Law § 50-e (5) to grant leave to file a late notice of claim, the courts consider all relevant factors, including the length of the delay. Where, as here, the delay is relatively short, and the municipality cannot show prejudice, it is not an abuse of discretion to grant leave (see, Matter of Sutton v Town of Schuyler Falls, 185 A.D.2d 430).
Concur — Milonas, J.P., Ellerin, Ross and Asch, JJ.