MATTER OF CABEZAS v. CITY OF NEW YORK

In the circumstances we find it to have been a reasonable exercise of discretion for the court to grant the application to file two months beyond the 90-day period (see, Cruz v. New York City Hous. Auth., 178 A.D.2d 291). Petitioner Juan Cabezas was severely incapacitated, by the severance of his right arm. Further, we note that the defendant Housing Authority had agents and employees at the accident site who investigated and/or filed detailed reports allowing ample opportunity to examine the insulation mulching machine in question.

Concur — Ellerin, J.P., Kupferman, Ross, Asch and Kassal, JJ.