Shimmerlik v. City University of New York

*119OPINION OF THE COURT

Gerard M. Weisberg, J.

This is a motion for an order striking the defendant’s first affirmative defense or, in the alternative, for an order granting claimants permission to serve a late claim upon the City University of New York (CUNY).

On May 16, 1985, George Shimmerlik allegedly tripped over a piece of gymnasium equipment stored by CUNY at Hunter Elementary School. Within 90 days of the incident, Mr. Shimmerlik and his wife, Julie, served a notice of claim under section 50-e of the General Municipal Law on, among others, defendant. The Shimmerliks did not file this…