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IN RE APPLICATION OF ROBERT GHERARDI, ET AL., PETITIONERS-APPELLANTS, v. THE CITY OF NEW YORK, ET AL., RESPONDENTS-RESPONDENTS.

The petition for leave to serve a late notice of claim on respondents should have been granted. Petitioners made an excusable error concerning the identity of the public corporation against which the claim should be asserted and acted within reasonable time to correct the error, respondents acquired actual knowledge of the claim within a reasonable time after expiration of the 90-day period for service of the notice, and respondents were not substantially prejudiced by the delay (see, General Municipal Law § 50-e).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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IN RE APPLN. OF GHERARDI v. CITY OF N.Y
(May 2, 2002)