The motion court improvidently exercised its discretion in denying petitioner's application for leave to file a late notice of claim given that it appears respondent had actual knowledge of the facts and circumstances constituting the claim within a reasonable time after the statutorily prescribed 90-day filing period (see General Municipal Law § 50-e [5]). Moreover, it appears that respondent is not prejudiced by petitioner's delay in filing the notice of claim...
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