McMichael v. New York City Housing Authority

Full title: ASIATIC McMICHAEL, an Infant, by His Mother and Natural Guardian, SHARON…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 16, 1987

128 A.D.2d 684 (N.Y. App. Div. 1987)

Opinion

March 16, 1987

Appeal from the Supreme Court, Kings County (Jones J.).

Ordered that the appeal from the order dated June 12, 1985 is dismissed, without costs or disbursements. That order was superseded by the order entered November 14, 1985, made upon reargument; and it is further,

Ordered that the order entered November 14, 1985 is affirmed insofar as reviewed, without costs or disbursements.

Under all of the circumstances, Special Term did not abuse its discretion in granting the application of the infant petitioner for leave to serve a late notice of claim (see, Cohen v. Pearl Riv. Union Free School Dist., 51 N.Y.2d 256; Tanco v. New York City Hous. Auth., 84 A.D.2d 501; cf., Montana v. City of New York, 96 A.D.2d 1031). Mangano, J.P., Brown, Niehoff and Eiber, JJ., concur.