In the circumstances presented, the court improvidently exercised its discretion in granting leave to file a late notice nearly nine months after expiration of the 90-day filing requirement (see General Municipal Law § 50-e [5]). There was no evidence that respondent acquired actual notice of petitioner's slip and fall on wet internal steps of the Bronx County Criminal Courthouse, and it is clear that its ability to investigate the claim and prepare a defense...
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