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SMITHERMAN v. CITY OF NEW YORK

188 A.D.2d 276 (1992)

Paul Smitherman, an Infant, by His Guardian, Bertha McDonald, et al., Respondents, v. City of New York, Defendant, and New York City Housing Authority, Appellant

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

December 1, 1992

The IAS Court properly exercised its discretion under General Municipal Law § 50-e (5) in granting plaintiffs leave to serve a late notice of claim some three and a half months after the 90-day time limit (Matter of Jenkins v New York City Hous. Auth., 181 A.D.2d 506), defendant having acquired actual knowledge of the injury to infant-plaintiff only three days after the accident occurred when his guardian reported the accident...

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