Since defendants were in receipt of an accident report and an aided report, which indicated that there were no witnesses to the accident, filled out by the police officer who responded to the accident scene, they had, from the outset, notice of the facts upon which plaintiff's claim is premised ( see, Matter of Cicio v. City of New York, 98 A.D.2d 38, 39-40). Thus, the motion court properly deemed plaintiff's late notices of claim timely served nunc pro tunc. Defendants' claim that they were prejudiced by plaintiff's delay is additionally and significantly undermined by the circumstance that the icy condition to which plaintiff attributes her injury was highly transitory and would not have remained for defendants' investigation even if plaintiff's notices had been timely filed, i.e., within 90 days of the accident ( see, Matter of Strauss v. New York City Tr. Auth., 195 A.D.2d 322).
Concur — Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.