MIRANDA v. The City of New York, et al., Defendants. (1999)

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

Rosa MIRANDA, Plaintiff-Respondent, v. The NEW YORK CITY TRANSIT AUTHORITY, Defendant-Appellant, The City of New York, et al., Defendants.

Decided: June 22, 1999

ROSENBERGER, J.P., WILLIAMS, TOM, WALLACH and BUCKLEY, JJ.

Douglas Falch, for Plaintiff-Respondent. Steve S. Efron, for Defendant-Appellant.

Order, Supreme Court, New York County (Barbara Kapnick, J.), entered January 8, 1998, which granted plaintiff's motion for leave to file a late notice of claim, unanimously affirmed, without costs.

Although defendant Transit Authority urges that it has been prejudiced by plaintiff's delay in filing a notice of claim and that plaintiff's motion for leave to file a late notice of claim should have been denied, accident reports prepared by the bus driver and a supervisor immediately after the subject accident, documenting the circumstances of plaintiff's injury, provided defendant with timely actual knowledge of the essential facts constituting the claim (see, General Municipal Law § 50-e[5] ). Accordingly, defendant's claim of prejudice is fatally undermined.

MEMORANDUM DECISION.

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