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MATTER OF BELL v. CITY OF NEW YORK

179 A.D.2d 639 (1992)

In the Matter of Josephine Bell, Appellant, v. City of New York, Respondent

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

January 13, 1992

Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the application is granted, and the proposed notice of claim is deemed served.

Under the circumstances of this case, we find that the Supreme Court improvidently exercised its discretion in denying the petitioner's application for leave to file a late notice of claim (see, Matter of Harris v Dormitory Auth., 168 A.D.2d 560

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