Antonik v. New York City Housing Authority

—Order, Supreme Court, New York County (William McCooe, J.), entered June 17, 1992, which granted petitioners’ motion to serve a late notice of claim, unanimously affirmed, without costs.

The IAS Court properly exercised its discretion pursuant to General Municipal Law § 50-e (5) in granting petitioners leave to serve a late notice of claim. Although the notice of claim was served approximately one year after decedent’s fatal fall from an elevator while performing construction work, respondent acquired actual knowledge of the accident the day it occurred (Staton v New York City Hous. Auth.,…