Sandra Gonzalez, Respondent, v. City of New York et al., Defendants, and New York City Housing Authority et al., Appellants

Plaintiff failed to establish any of the relevant statutory factors that would warrant leave to serve a late notice of claim (General Municipal § 50-e [5]; Matter of Kelley v New York City Health & Hosps. Corp., 76 AD3d 824 [2010]). Her claimed injury was a broken bone in her ankle, which was treated in the emergency room. There was no showing that the injury was so incapacitating as to prevent the service of a timely notice of claim (see Matter of Montanez v City of New York, 156 AD2d 185 [1989]). There was no showing that defendants acquired actual knowledge of the facts and circumstances constituting the claim within the statutory 90-day service period (see Quinn v Manhattan & Bronx Surface Tr. Operating Auth., 273 AD2d 144 [2000]). There was no showing that a defense on the merits would not be prejudiced by the late service, given the subsequent repair of the alleged sidewalk defect (see Matter of Gitis v City of New York, 68 AD3d 489 [2009], lv denied 14 NY3d 712 [2010]). Concur — Mazzarelli, J.E, Andrias, Catterson, Abdus-Salaam and Manzanet-Daniels, JJ.