Matter of Grajko v. City of New York

Renwick and Manzanet-Daniels, JJ.,

dissent in a memorandum by Manzanet-Daniels, J., as follows: In my view, the motion court correctly granted petitioner leave to file a late notice of claim. I would accordingly affirm the order appealed from.

Petitioner was injured on July 15, 2015, while working as a bricklayer for Abex at a job site located at an intermediate school in the Bronx. Petitioner alleges that while lifting 60 to 70 pound buckets, he tripped and fell due to an uneven floor on a makeshift scaffold. He filed a workers’ compensation claim on July 29, 2015, but did not file a notice of…