Taha v. City of New York

OPINION OF THE COURT

Michael D. Stallman, J.

In this special proceeding, petitioner seeks leave to serve and file a late notice of claim. Petitioner, a police officer, was assigned to the World Trade Center site from September 13, 2001 until December 2, 2001 and again on December 17, 2001. She claims that the City did not provide her with proper respi*245ratory gear and that she developed lung damage and breathing problems as a result.

It is well settled that when considering an application to file a late notice of claim, the court should take into account a number of factors, including: (1) the…