Lopez v. New York City Housing Authority

The question of whether to grant an application for leave to serve a late notice of claim is left to the sound discretion of the *493court (Matter of Jenkins v New York City Hous. Auth., 181 AD2d 506). Here, that discretion was not improvidently exercised, where petitioner’s excuse for filing the notice of claim six and a half months after the accident, that he did not ascertain the severity of his injury until three months after his accident, is reasonable (Swensen v City of New York, 126 AD2d 499, 501, lv denied 70 NY2d 602). Similarly, the underlying facts of the claim become known to…