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BAYO v. BURNSIDE MEWS ASSOCIATES

45 A.D.3d 495 (2007)

846 N.Y.S.2d 57

ANSUMANA BAYO et al., Respondents, v. BURNSIDE MEWS ASSOCIATES, Defendant, and KAY TALYA GUBBAY, M.D., et al., Appellants.

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

Decided November 29, 2007.

The court providently exercised its discretion in deeming the notice of claim timely served upon appellants (General Municipal Law § 50-e [5]). Although the stated ignorance of the law by infant plaintiff's mother is not a reasonable excuse for the failure to have served a timely notice of claim (see Harris v City of New York, 297 A.D.2d 473 [2002], lv denied 99 N.Y.2d 503 [2002]), infant plaintiff should not be deprived...

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