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MATTER OF W. v. MORALES

190 A.D.2d 531 (1993)

In the Matter of Trudy W., an Infant by Her Mother and Natural Guardian, Icyline A., et al., Respondents, v. Raymond Morales, Defendant, and New York City Housing Authority, Appellant

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

February 2, 1993

The IAS Court properly exercised its discretion in granting the infant plaintiff's motion to file a late notice of claim upon defendant New York City Housing Authority (NYCHA) (Matter of Jenkins v New York City Hous. Auth., 181 A.D.2d 506), while denying it to the infant's mother.

While plaintiffs served the notice of claim five months after the 90-day time limit (General Municipal Law § 50-e [5]), the NYCHA acquired...

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