Smitherman v. City of New York

Order, Supreme Court, Bronx County (Herbert Shapiro, J.), entered July 12, 1991, granting plaintiffs leave to serve a late notice of claim, unanimously affirmed, without costs.

The IAS Court properly exercised its discretion under General Municipal Law § 50-e (5) in granting plaintiffs leave to serve a late notice of claim some three and a half months after the 90-day time limit (Matter of Jenkins v New York City Hous. Auth., 181 AD2d 506), defendant having acquired actual knowledge of the injury to infant-plaintiff only three days after the accident occurred when his guardian reported the…