Smiley-Walsch v. New York City Housing Authority

Order, Supreme Court, Bronx County (Anita Florio, J.), entered January *38331, 1990, which granted petitioner’s application to file a late notice of claim, unanimously affirmed, without costs.

The eight month delay by the administratrix in filing a notice of claim for conscious pain and suffering, and the 23 day delay as to the claim for wrongful death, was excusable, and Supreme Court acted within its discretion in permitting petitioner to file a late notice of claim. In view of the fact that respondent undisputedly received prompt and actual notice of the underlying event, and absent any bona fide…