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HARRIS v. CITY OF NEW YORK

297 A.D.2d 473 (2002)

747 N.Y.S.2d 4

MAURICE HARRIS et al., Appellants, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided September 5, 2002.

The motion court properly exercised its discretion in denying plaintiffs' motion for leave to file a notice of claim some four weeks after expiration of the applicable 90-day deadline (General Municipal Law § 50-e [1] [a]). Although a causal nexus between infancy and late filing need no longer be shown (Ali v Bunny Realty Corp., 253 A.D.2d 356, 357), plaintiffs acknowledge on this appeal that neither infancy alone (see, Matter...

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