Hosking v. City of New York

Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered April 30, 2014, which denied plaintiff’s motion to deem her previously served notice of claim timely, nunc pro tunc, or for leave to file a late notice of claim, unanimously reversed, on the law and the facts, without costs, and the motion granted to the extent of deeming the previously served notice of claim timely.

The court improvidently exercised its discretion in denying plaintiff’s motion. There is no dispute that the motion for leave was timely made and the lack of a reasonable excuse for the delay or a causative…