MURIQI v. New York City Housing Authority, Respondent-Appellant. (1997)

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

Arbnor MURIQI, an Infant, by His Mother, Zelfiji Muriqi, Petitioner-Respondent, v. The CITY OF NEW YORK, Respondent, New York City Housing Authority, Respondent-Appellant.

Decided: December 09, 1997

Before SULLIVAN, J.P., and ELLERIN, WALLACH, WILLIAMS and ANDRIAS, JJ.

Saul Bienenfeld, for Petitioner-Respondent. Merryl F. Weiner, for Respondent-Appellant.

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered August 14, 1996, which granted petitioner's application for leave to serve a late notice of claim, unanimously affirmed, without costs.

The application was properly granted where petitioner is an infant, the period of delay was only some two months, and respondent Housing Authority, who claimed ignorance of any defects in the injury-causing playground equipment prior to service of the instant application, failed to show any reason for not believing that the equipment was in the same condition at the time of such service as it was at the time of the accident.

MEMORANDUM DECISION.

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