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MATTER OF McHUGH v. CITY OF NEW YORK

293 A.D.2d 478 (2002)

739 N.Y.S.2d 449

In the Matter of TERESA McHUGH et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 1, 2002.

Ordered that the order is reversed, as a matter of discretion, with costs, the application is granted, and the notice of claim is deemed served.

The Supreme Court improvidently exercised its discretion in denying the petitioners' application for leave to serve a late notice of claim. The record demonstrates that, as a result of the accident, the petitioner Teresa McHugh sustained serious injuries to her neck and internal organs, which required surgery and a lengthy...

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