Burke v. Capital District Regional Off-Track Betting Corp.

*449OPINION OF THE COURT

Harold J. Hughes, J.

The application of the claimant for an order permitting the late service of the notice of claim annexed to the order to show cause will be granted, without costs.

According to the verified notice of claim, on August 1, 1986, while at the defendant’s premises located at 711 Central Avenue, Albany, New York, claimant sat in a chair which collapsed, causing him to sustain personal injuries. The defendant was given immediate notice of the occurrence, and claimant signed a written accident report and claim addressed to the defendant on the date of the…