MATTER OF CARIDI v. NEW YORK CONVENTION CENTER OPERATING CORPORATION


47 A.D.3d 526 (2008)

849 N.Y.S.2d 261

In the Matter of ROBERT CARIDI, Respondent, v. NEW YORK CONVENTION CENTER OPERATING CORPORATION, Appellant.

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

Decided January 24, 2008.


The court exercised its discretion in a provident manner in allowing petitioner to file a late notice of claim more than seven months after expiration of the 90-day filing requirement (see General Municipal Law § 50-e [1] [a]; [5]). Any alleged prejudice to respondent is undermined by reason of the State Police being on the scene at the time of the accident and immediately conducting an investigation that included interviewing witnesses and taking photographs...

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