Pendley v. City of New York

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered November 28, 2012, which granted plaintiffs motion to have his late notice of claim deemed timely served nunc pro tunc, unanimously affirmed, without costs.

The motion court did not improvidently exercise its discretion in granting plaintiffs motion, in this action where plaintiff alleges that he was injured when he tripped and fell on defendants’ stairs. Although plaintiff did not provide a reasonable excuse for failing to timely serve the notice of claim, such failure, by itself, is not fatal to the motion (see e.g.…