Kissell v. County of Erie

Order unanimously reversed on the law with costs and motion granted. Memorandum: Special Term erred in denying claimant’s motion for leave to file a late notice of claim. Following an in camera inspection of the claimant’s expert’s report, the court determined that there was "no issue of law or fact sufficient to support the proposed claim”. Broad discretion is vested in the courts pursuant to General Municipal Law § 50-e (5) to grant extensions of time within which to file a notice of claim (Matter of Ziecker v Town of Orchard Park, 70 AD2d 422, 426, affd 51 NY2d 957). Various factors are…