MATTER OF MERCADO v. CITY OF NEW YORK

8473N, 260602/11.

100 A.D.3d 445 (2012)

953 N.Y.S.2d 206

In the Matter of JEANELIN MERCADO, as Proposed Administratrix of the Estate of JOSE MERCADO, Deceased, Respondent, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

November 8, 2012.


The court providently exercised its discretion in granting petitioner leave to file a late notice of claim. The accident giving rise to the claim occurred on December 28, 2010 when the decedent, petitioner's father, allegedly slipped and fell on a walkway due to the accumulation of snow and ice. Respondent was served with the notice of claim on May 6, 2011, less than six weeks after expiration of the 90-day filing requirement ...

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