LAW.coLAW.co

Arbnor Muriqi, an Infant, by His Mother, Zelfiji Muriqi, Respondent, v. City of New York, Respondent, and New York City Housing Authority, Appellant

New York Supreme Court, Appellate Division1997-12-09
245 A.D.2d 79664 N.Y.S.2d 802

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered August 14, 1996, which granted petitioner’s application for leave to serve a late notice of claim, unanimously affirmed, without costs.

The application was properly granted where petitioner is an infant, the period of delay was only some two months, and respondent Housing Authority, which claimed ignorance of any defects in the injury-causing playground equipment prior to service of the instant application, failed to show any reason for not believing that the equipment was in the same condition at the time of such service as it was at the time of the accident. Concur—Sullivan, J. P., Ellerin, Wallach, Williams and Andrias, JJ.