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FEBLES v. CITY OF NEW YORK

15 A.D.3d 248 (2005)

789 N.Y.S.2d 482

BRANDON FEBLES et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

February 10, 2005.

The IAS court properly exercised its discretion in granting the infant plaintiff's timely motion for leave to file a late notice of claim. Although no specific excuse was offered for the delay, that circumstance was properly found nondispositive given the moving plaintiff's infancy during the relevant period and the absence of prejudice to defendants (see Ali v Bunny Realty Corp., 253 A.D.2d 356

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