Charalambakis v. City of New York

*787OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs.

Generally, a notice of claim against a municipality must be filed "within ninety days after the claim arises” (General Municipal Law, § 50-e, subd 1). Under the law as it existed when the claim arose in this case, where a claimant because of infancy failed to serve a timely notice of claim, the court, in its discretion, could grant leave to file a late notice of claim (see Matter of Beary v City of Rye, 44 NY2d 398). The application for leave to so file had to be made "within the period of one…