Irizarry v. City of Yonkers

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the City of Yonkers appeals from so much of a judgment of the Supreme Court, Westchester County (Ruskin, J.), entered April 10, 1991, as granted the petitioner John Irizarry’s application.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The petitioner John Irizarry was injured when he tripped and fell on a public sidewalk within the respondent City of Yonkers. Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in…