Elter v. New York City Housing Authority

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered December 23, 1997, which denied plaintiffs’ motion to serve a late notice of claim, unanimously modified, on the law and the facts, to the extent of directing defendant-respondent New York City Housing Authority to accept the original notice of claim filed September 24, 1996 and, except as so modified, affirmed, without costs.

Defendant New York City Housing Authority concedes that plaintiffs filed their original notice of claim on September 24, 1996. The notice alleges that, on June 27, 1996, as the result of a pavement defect…