Nieves v. Girimonte

Mastro, J.,

dissents and votes to affirm the order appealed from, with the following memorandum in which Schmidt, J., concurs: According to the petitioners, the damages for which they seek leave to file a late notice of claim resulted from an injury sustained by Shannon Nieves, an infant, when she fell from her bicycle after hitting a hazardous condition located on the lawn of premises owned by the defendants Frank Girimonte and Paul Girimonte. The hazard was an open trench that ran from the sidewalk up to the front of the house. The petitioners’ counsel promptly and properly notified the…