IN RE: Application of George DeCICCO (2000)

Order, Supreme Court, New York County (Emily Goodman, J.), entered October 18, 1999, which granted petitioner's motion for leave to serve a late notice of claim on respondent Port Authority, unanimously affirmed, with costs.

The record, including, in particular, medical reports, amply supports a finding that severe communication deficits caused by the accident rendered petitioner unable to serve a timely notice of claim within 10 months of the accident (see, Matter of Ramunno, 202 A.D.2d 511, 609 N.Y.S.2d 17;  Matter of Millington v. New York City Tr. Auth., 33 A.D.2d 737, 305 N.Y.S.2d 870).   We note that the instant motion was made within a year of the accident, only two months after the 10 month time limit plaintiff had under McKinney's Unconsolidated Laws of N.Y. § 7107 to serve a notice of claim, and well within the three-year time limit he had under section 7108 to make a motion for leave to serve a late notice of claim.   We also note defendant's failure to address plaintiff's allegations that defendant acquired actual knowledge of the essential facts constituting this claim by reason of the arrival of its police on the scene minutes after the accident and its conduct of an investigation that included interviewing of witnesses.

MEMORANDUM DECISION.