Edwards v. City of New York

*111Order and judgment (one paper), Supreme Court, New York County (Michael Stallman, J.), entered April 16, 2003, granting petitioner’s application to serve a late notice of claim, unanimously affirmed, without costs.

The record shows that within 90 days of September 11, 2001, the City acquired actual knowledge of the essential facts constituting petitioner sanitation worker’s claim that he sustained injury because the City did not provide him with gear needed to protect against toxic substances stemming from the immediate aftermath of the World Trade Center collapse. In particular, we note the…