Opinion
February 6, 1996
Appeal from the Supreme Court, New York County (Robert D. Lippmann, J.).
Under the circumstances presented, where the Manhattan and Bronx Surface Transit Operating Authority had timely, actual knowledge of the essential facts underlying the infant plaintiff's claim, leave to file a late notice of claim should have been granted absent any showing of prejudice to defendant ( see, Matter of Morgan v. New York City Hous. Auth., 181 A.D.2d 890).
Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.