Harris v. City of New York

I would modify the order appealed from to grant plaintiffs’ motion for leave to file a late notice of claim with respect to the infant plaintiff’s claim, and otherwise affirm.

General Municipal Law § 50-e (5) provides as follows:

“Upon application, the court, in its discretion, may extend the time to serve a notice of claim specified in paragraph (a) of subdivision one. The extension shall not exceed the time limited for the commencement of an action by the claimant against the public corporation. In determining whether to grant the extension, the court shall consider, in particular, whether…