Clark v. Roswell Park Cancer Institute Corp.

Memorandum: Contrary to defendant’s contention, the Court of Claims did not abuse its discretion in granting claimant’s application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). “The court is vested with broad discretion to grant or deny [such an] application” (Wetzel Servs. Corp. v Town of Amherst, 207 AD2d 965 [1994]). Although claimant failed to offer a reasonable excuse for his failure to serve the notice of claim within the 90-day statutory period (see § 50-e [1] [a]), that failure “ ‘is not fatal where . . . *1274actual notice was had and there is no…