Williams v. City of New York

Order, Supreme Court, Bronx County (Stanley Green, J.), entered August 3, 2000, which, upon a grant of renewal, denied petitioner’s motion insofar as it sought leave to file a late notice of claim, unanimously affirmed, without costs.

*355A motion to serve a late notice of claim is appropriately denied where the claim is “patently meritless” (Caldwell v 302 Convent Ave. Hous. Dev. Fund Corp., 272 AD2d 112, 114). Here, the motion court properly concluded that petitioner’s proposed claim was indeed “patently meritless” in view of the circumstances, namely, that the surface of the basketball court…