Martinez v. City of New York

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated July 11, 2007, as denied that branch of his motion which was for leave to renew his motion pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim nunc pro tunc, which had been denied in an order dated January 5, 2007.

Ordered that the order dated July 11, 2007 is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the plaintiffs…