JOHNSON v. NEW YORK CITY TRANSIT AUTHORITY

Since defendant was in receipt of an incident report and an aided report worksheet, filled out by the police officer who responded to the accident scene, it had, from the outset, notice of the facts upon which plaintiff's claim is premised and accordingly has not been prejudiced by plaintiff's delay. This being the case, the motion court exercised its discretion properly in granting plaintiff permission to file a late notice of claim (see, Matter of Cicio v. City of New York, 98 A.D.2d 38, 39-40).

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