Howard v. City of Rochester

Order unanimously reversed on the law without costs, plaintiffs motion denied, *1034and defendants’ cross motions granted. Memorandum: Plaintiffs infant son sustained injuries when he fell from a slide to a blacktop surface at a playground located in Genesee Valley Park in August 1986. She moved three years later to file a late notice of claim on behalf of her infant son against defendants, who opposed the motion on the ground that they would be severely prejudiced if forced to defend the merits of a three-year-old claim of which they had no prior knowledge.

The court erred in granting plaintiffs…