Opinion
January 26, 1998
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order is affirmed, without costs or disbursements.
The defendant acquired actual knowledge of the essential facts of the plaintiff's claim either within 90 days after it arose or within a reasonable time thereafter. In light of this, among other things, and the lack of prejudice to the defendant in maintaining its defense on the merits, the court did not improvidently exercise its discretion in granting the plaintiff leave to serve a late notice of claim ( see, Matter of Alvarenga v. Finlay, 225 A.D.2d 617; Pecchio v. National Safety Envtl., 211 A.D.2d 773; Matter of O'Mara v. Town of Cortlandt, 210 A.D.2d 337).
Further, because the plaintiff commenced an action against the defendant within the relevant Statute of Limitations, the court was not without authority to grant such relief ( see, General Municipal Law § 50-e; Carr v. City of New York, 176 A.D.2d 779; Ceely v. New York City Health Hosps. Corp., 162 A.D.2d 492; CPLR 304).
We have considered the defendant's remaining contentions and find them to be without merit.
Rosenblatt, J.P., Ritter, Altman and Florio, JJ., concur.