In re the Claim of Jacobs

This is a motion on behalf of two claimants — one an infant and the other an adult — for leave to file a late notice of claim, to examine witnesses to frame a complaint, and to direct the production of certain records.

That the city did not inform the claimants of their tardiness or that it has conducted an examination of the claimants is not a waiver of the defense of the untimely filing of the claim *121(cf. Heller v. New York City Housing Auth., 26 Misc 2d 653, 655; Quinn v. City of New York, 25 Misc 2d 116, 118).

Nevertheless, the motion is granted insofar as late filing is sought for the…