Opinion
May 9, 1994
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order is affirmed, with costs.
It was not an improvident exercise of discretion to deny the plaintiffs' application for leave to serve a late notice of claim, since they failed to set forth an acceptable excuse for the 14-month delay between the date of the accident and the date they made their application (see, Carbone v. Town of Brookhaven, 176 A.D.2d 778; Matter of Dube v. City of New York, 158 A.D.2d 457). In view of the transitory nature of the alleged defective condition and the fact that the accident report was insufficient to put the City on notice of the allegedly defective conditions, the prejudice to the City from the delay is self-evident (see, Lopez v. New York City Hous. Auth., 193 A.D.2d 473; Matter of D'Andrea v. City of Glen Cove Pub. Schools, 143 A.D.2d 747; Matter of Mallory v. City of New York, 135 A.D.2d 636). Balletta, J.P., Miller, Hart and Krausman, JJ., concur.