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MATTER OF VEZZA v. CITY OF YONKERS

92 A.D.2d 570 (1983)

In the Matter of Marie Vezza, as Mother and Natural Guardian of Gina Vezza, an Infant, et al., Respondents, v. City of Yonkers et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 14, 1983

Order reversed, as a matter of discretion, with $50 costs and disbursements, and application denied.

In light of the unexcused over two-year delay in seeking to serve a late notice of claim, the fact that the injured person's infancy was clearly unrelated to the delay, the justified failure of appellants to investigate the facts underlying the claim, and the failure to provide an affidavit by one having knowledge of the facts...

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