Silbernagel v. City of New York

Order, Supreme Court, Bronx County (Fusco, J.), entered February 26, 1981, which, inter alia, denied plaintiffs’ motion to extend the time to file a notice of claim and granted defendant’s motion to dismiss the complaint, unanimously reversed, on the law and in the exercise of discretion, without costs or disbursements, the motion to dismiss denied, the motion to extend the time to file a notice of claim granted, the notice served on August 3, 1976 deemed to have been timely filed, and the affirmative defense based on late filing of a notice of claim stricken. Plaintiff, injured on May…