Opinion
2011-09-20
In the Matter of Ellen SILBERMAN, respondent,v.CITY OF LONG BEACH, appellant.
Corey E. Klein, Corporation Counsel, Long Beach, N.Y. (Charles M. Geiger of counsel), for appellant.Dougherty Ryan Giuffra Zambito & Hession, New York, N.Y. (Craig M. Flanders and John J. Hession of counsel), for respondent.
In a proceeding pursuant to General Municipal Law § 50–e (5) for leave to serve a late notice of claim, the City of Long Beach appeals from an order of the Supreme
Court, Nassau County (Palmieri, J.), entered December 15, 2010, which granted the petition.
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the petition for leave to serve a late notice of claim. The petitioner served a notice of claim 1 day after the statutory 90–day period expired, and served an amended notice of claim more precisely identifying the location of her accident 12 days later. Under these circumstances, the appellant acquired actual knowledge of the essential facts constituting the claim within a reasonable time after the expiration of the 90–day period ( see Matter of Ambrico v. Lynbrook Union Free School Dist., 71 A.D.3d 762, 763, 896 N.Y.S.2d 169; Matter of Gelish v. Dix Hills Water Dist., 58 A.D.3d 841, 842, 872 N.Y.S.2d 486; Matter of Urgiles v. New York City School Constr. Auth., 283 A.D.2d 434, 723 N.Y.S.2d 876). Moreover, the petitioner demonstrated that her short delay in serving her original and amended notices of claim would not substantially prejudice the appellant in maintaining its defense on the merits ( see Matter of Billman v. Port Jervis School Dist., 84 A.D.3d 1367, 1369–1370, 924 N.Y.S.2d 541; Matter of Ambrico v. Lynbrook Union Free School Dist., 71 A.D.3d at 763–764, 896 N.Y.S.2d 169; Matter of Ruffino v. City of New York, 57 A.D.3d 550, 551–552, 868 N.Y.S.2d 739; Bussey v. City of New York, 50 A.D.3d 938, 939, 854 N.Y.S.2d 912; Barnes v. New York City Hous. Auth., 262 A.D.2d 46, 47, 691 N.Y.S.2d 463).
RIVERA, J.P., FLORIO, ENG, HALL and COHEN, JJ., concur.