The plaintiffs contend that the Agency's ability to conduct a physical examination of the snow and ice condition that allegedly caused the injured plaintiff's accident was not affected by the error in the notice of claim, since that condition undoubtedly had changed by the time the original notice was served. However, the record reveals that the Agency's ability to investigate other aspects of the occurrence and to interview witnesses was hampered by the plaintiffs' delay of more than 2 ½ years in serving a third supplemental bill of particulars identifying the correct accident location and in moving for leave to serve an amended notice of claim (see Charleston v. Incorporated Vil. of Cedarhurst, 62 A.D.3d at 642, 878 N.Y.S.2d 407 ; Ruiz v. City of New York, 237 A.D.2d 422, 423, 655 N.Y.S.2d 964 ; Rodriguez v. City of New York, 223 A.D.2d 536, 537, 636 N.Y.S.2d 388 ; Aviles v. City of New York, 202 A.D.2d 530, 531, 609 N.Y.S.2d 85 ). Accordingly, the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion for leave to serve an amended notice of claim.

Public Housing Law §157(2) and GML §50-e require that a notice of claim be filed within 90 days of the date of the occurrence and accurately portray "the time when, the place where, and the manner in which the claims arose." The statutory requirement of a prompt and accurate notice of claim exists to allow a municipality or municipal agency an opportunity to timely investigate a claim and preserve whatever evidence is needed while it is still readily available (see Ruiz v City of New York, 237 AD2d 422, 423 [2d Dept 1997]). GML §50-e(5) gives the court discretion to grant an application that extends the time to serve a notice of claim past the 90-day deadline.

"A notice of claim must state 'the time when, the place where and the manner in which the claim arose'" ( Ruiz v. City of New York, 237 AD2d 422, 423, quoting General Municipal Law § 50-e). "Moreover, the notice of claim must provide a sufficient basis for a municipality to conduct an investigation while the facts surrounding the incident are fresh" ( id., quoting O'Brien v. City of Syracuse, 54 NY2d 353, 358).