Bialer v. City of New York

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered on or about December 28, 2004, which granted petitioner’s motion to file a late notice of claim against appellant, unanimously affirmed, without costs.

Petitioner’s failure to set forth a reasonable excuse for its failure to serve its notice of claim within the statutorily prescribed 90 days did not, under the particular circumstances at bar, require the denial of its motion for leave to serve a late notice (see Matter of Porcaro v City of New York, 20 AD3d 357, 358 *305[2005]). The timely referral of petitioner’s case to…