Order reversed, as an exercise of discretion, without costs or disbursements, and motion granted. Plaintiff's time to serve his amended complaint is extended until 20 days after service upon him of a copy of the order to be made hereon, with notice of entry.
Plaintiff has complied with the substantive notice of claim requirements set forth in General Municipal Law § 50-e, but the original complaint failed to plead compliance ( see, General Municipal Law § 50-i; Pretino v. Wolbern, 84 A.D.2d 830). Although the motion to amend the complaint was initiated more than one year and 90 days after the cause of action accrued, in the absence of any demonstrable prejudice to defendants it was an abuse of discretion to deny plaintiff's application to amend his complaint to plead the necessary compliance with General Municipal Law §§ § 50-e, 50-i ( see, Murray v. City of New York, 43 N.Y.2d 400; Wyso v. City of New York, 91 A.D.2d 661; Kelly v Kane, 98 A.D.2d 861; Snyder v. Board of Educ., 42 A.D.2d 912). Lazer, J.P., Gibbons, Thompson and Kunzeman, JJ., concur.