McHugh v. City of New York

—In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioners appeal from an order of the Supreme Court, Queens County (Lisa, J.), dated April 30, 2001, which denied their application.

Ordered that the order is reversed, as a matter of discretion, with costs, the application is granted, and the notice of claim is deemed served.

The Supreme Court improvidently exercised its discretion in denying the petitioners’ application for leave to serve a late notice of claim. The record demonstrates that, as a result of the accident, the…