Silva v. City of New York

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered March 12, 1997, which denied petitioner’s application to serve a late notice of claim upon respondents nunc pro tunc, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, and the application granted.

This is an application pursuant to General Municipal Law § 50-e (5). On December 28, 1995, petitioner allegedly slipped and fell on a metal plate set in a cracked and broken portion of a Bronx sidewalk. Two weeks later, after experiencing severe pain, he was transported to Lincoln Hospital…