Ordered that the order is reversed insofar as appealed from, on the law and as an exercise of discretion, with costs, that branch of the application which was for leave to serve a late notice of claim is granted, and the proposed notice of claim is deemed served.
Given the infancy of the allegedly injured petitioners ( see, Matter of Kurz v. New York City Health Hosps. Corp., 174 A.D.2d 671), their minimal delay beyond the statutory 90-day period in seeking leave to serve the late notice of claim ( see, e.g, Matter of Guzman v. County of Westchester, 208 A.D.2d 925), the respondent's possession of records containing the essential facts constituting the claim ( see, Matter of Guzman v. County of Westchester, supra; Tatum v. City of New York, 161 A.D.2d 580), and the absence of actual prejudice to the respondent in the preparation of its defense ( see, Matter of Kurz v. New York City Health Hosps. Corp., supra; Matter of Charles v. New York City Health Hosps. Corp., 166 A.D.2d 526), the application for leave to serve a late notice of claim should have been granted.
Miller, J. P., Sullivan, Santucci and Lerner, JJ., concur.