EBONI B., ETC., INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SKYLAH N., plf-ap, v. NEW YORK CITY HOUSING AUTHORITY, def-res

3384. EBONI B., ETC., INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SKYLAH N., plf-ap, v. NEW YORK CITY HOUSING AUTHORITY, def-res — Gaines, Novick, Ponzini, Cossu & Venditti, LLP, White Plains (Denise M. Cossu of counsel), for ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for res — Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 25, 2016, which granted defendant's motion to dismiss the complaint and denied plaintiff's cross motion for leave to file a late notice of claim, unanimously modified, on the law and in the exercise of discretion, to deny defendant's motion insofar as it sought dismissal of the claim brought on the infant plaintiff's behalf, and grant plaintiff's cross motion, to the extent that the notice of claim is deemed served on behalf of the infant plaintiff, and otherwise affirmed, without costs.

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3384. EBONI B., ETC., INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SKYLAH N., plf-ap, v. NEW YORK CITY HOUSING AUTHORITY, def-res — Gaines, Novick, Ponzini, Cossu & Venditti, LLP, White Plains (Denise M. Cossu of counsel), for ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for res — Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 25, 2016, which granted defendant’s motion to dismiss the complaint and denied plaintiff’s cross motion for leave to file a late notice of claim, unanimously modified, on the law and in the exercise of discretion, to deny defendant’s motion insofar as it sought dismissal of the claim brought on the infant plaintiff’s behalf, and grant plaintiff’s cross motion, to the extent that the notice of claim is deemed served on behalf of the infant plaintiff, and otherwise affirmed, without costs.

Although plaintiff did not present a reasonable excuse for the delay in serving a notice of claim (see e.g. Colarossi v. City of New York, 118 AD3d 612, 612 [1st Dept 2014]), and although defendant did not have actual knowledge of the facts constituting the claim within the statutory period or a reasonable time thereafter, leave to serve a late notice of claim on behalf of the infant plaintiff is warranted based on other relevant factors (see General Municipal Law §50-e[5]).

EBONI B., ETC., INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SKYLAH N., plf-ap, v. NEW YORK CITY HOUSING AUTHORITY, def-res

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