Bussey v. City of New York

In an action to recover damages for personal injuries, etc., the defendant City of New York appeals from an order of the Supreme Court, Kings County (Battaglia, J.), dated March 28, 2007, which granted the plaintiffs’ motion for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5).

*939Ordered that the order is affirmed, without costs or disbursements.

Under the facts of this case, the Supreme Court providently exercised its discretion in granting the plaintiffs’ motion for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). The…