Oates v. City of Niagara Falls

Order unanimously affirmed without costs. Memorandum: Supreme Court properly exercised its discretion in denying claimant’s application, for *830leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). Claimant established that, six months after his accident, the City of Niagara Falls (City) received a report indicating that he had injured his knee. The report, however, did not state that claimant had fallen from an elevated platform. Thereafter, the City heard nothing further concerning this matter until it was served with this motion, three months after receiving the…