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GRAY v. CITY OF NEW YORK

58 A.D.3d 448 (2009)

872 N.Y.S.2d 7

SIMPSON GRAY, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

January 8, 2009.

Even assuming defendants' cross motion was untimely, plaintiff was not prejudiced by the minimal delay. The court was within its discretion in considering the cross motion, especially where plaintiff did not request additional time to respond (Guzetti v City of New York, 32 A.D.3d 234 [2006]).

Plaintiff's failure to include his notice of claim in his bankruptcy petition deprived...

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