MATTER OF CALLAHAN v. City of New York

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and petitioners’ application reinstated.

On November 17, 1986, John Callahan, a New York City firefighter, was injured when he stepped through an uncovered catch-basin of a city sewer after alighting from a fire truck. Initially, Callahan’s physician diagnosed a sprained ankle. After expiration of the 90-day period to file a notice of claim against the City, however, Callahan allegedly learned his injuries were more serious, perhaps permanent. Accordingly, prior to the expiration of the…