General

In the Matter of Helen V. Baier et al., Respondents, v. City of Rochester, Appellant

98 A.D.2d 991·New York Supreme Court, Appellate Division·1983·NY

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Opinion

In the Matter of Helen V. Baier et al., Respondents, v City of Rochester, Appellant. [MAJORITY] — Order unanimously modified by deleting therefrom the fourth ordering paragraph thereof and, as modified, affirmed, without costs. Memorandum: We find no abuse of discretion in Special Term’s decision to grant claimant leave to file a late notice of claim where the application was only 15 days late. However, Special Term erred in ruling upon the need for prior written notice of the defect as a condition precedent to maintenance of the lawsuit. The sole issue before the court was whether a late notice of claim should be allowed. (Appeal from order of Supreme Court, Monroe County, Provenzano, J. — late notice of claim.) Present —• Dillon, P. J., Doerr, Denman, O’Donnell and Moule, JJ.