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IN RE JEANELIN MERCADO, ETC., pet-res, v. CITY OF NEW YORK, res, NEW YORK CITY HOUSING AUTHORITY, res-res

8473N. IN RE JEANELIN MERCADO, ETC., pet-res, v. CITY OF NEW YORK, res, NEW YORK CITY HOUSING AUTHORITY, res-res — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Richard E. Lerner of counsel), for ap — LawOffices of Joel L. Getreu, P.C., New York (Willard G. LaFauci of counsel), for res — Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered January 10, 2012, which granted petitioner's motion for leave to file a late notice of claim to the extent of permitting her to file it against respondent New York City Housing Authority (respondent), unanimously affirmed, without costs.

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8473N. IN RE JEANELIN MERCADO, ETC., pet-res, v. CITY OF NEW YORK, res, NEW YORK CITY HOUSING AUTHORITY, res-res — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Richard E. Lerner of counsel), for ap — LawOffices of Joel L. Getreu, P.C., New York (Willard G. LaFauci of counsel), for res — Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered January 10, 2012, which granted petitioner’s motion for leave to file a late notice of claim to the extent of permitting her to file it against respondent New York City Housing Authority (respondent), unanimously affirmed, without costs.

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 6 weeks after expiration of the 90-day filing requirement (see Matter of Caridi v. New York Convention Ctr. Operating Corp., 47 AD3d 526 [1st Dept 2008]; Weiss v. City of New York, 237 AD2d 212, 213 [1st Dept 1997]).

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