Pungello v. New York City Housing Authority

— Order, Supreme Court, Bronx County (Anita Florio, J.), entered January 22, 1991, which granted petitioner’s application for leave to serve a late notice of claim, unanimously affirmed, without costs.

General Municipal Law § 50-e (5) specifically provides that in determining whether to permit service of a late notice of claim, the court shall consider "excusable error concerning the identity of the public corporation against which the claim should be asserted”. Recently, this court found excusable error where the claimant’s counsel, based on information in the warrants of arrest, failed to…