Legal Opinion

Trudy W. v. Morales

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 1993Published

1Opinion of the Court

— Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered February 25, 1992, which granted the infant plaintiff’s motion to serve a late notice of claim, unanimously affirmed, without costs.

The IAS Court properly exercised its discretion in granting the infant plaintiff’s motion to file a late notice of claim upon defendant New York City Housing Authority (NYCHA) (Matter of Jenkins v New York City Hous. Auth., 181 AD2d 506), while denying it to the infant’s mother.

While plaintiffs served the notice of claim five months after the 90-day time limit (General Municipal Law § 50-e…

2Cases cited1 opinion

  1. Jenkins v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992

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