Washington v. City of New York

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

*883The lower courts did not abuse their discretion in denying plaintiffs motion to file a late notice of claim. Under General Municipal Law § 50-e (5), the trial court has discretion to extend the time to serve a late notice of claim in a proper case, and the statute permits the court to consider, among all other relevant facts and circumstances, whether the municipality had actual knowledge of the facts constituting the claim within the 90-day statutory period.

The trial court considered and…