Nuamah v City of New York (2004 NY Slip Op 09481)

Nuamah v City of New York

2004 NY Slip Op 09481 [13 AD3d 502]

December 20, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 23, 2005

Michael Nuamah, Appellant,
v
City of New York et al., Respondents.

—[*1]In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated May 28, 2004, which denied his motion for leave to serve a late notice of claim.

Ordered that the order is affirmed, with costs.

The denial of the plaintiff's motion for leave to serve a late notice of claim was a provident exercise of discretion (see General Municipal Law 50-e [5]; Matter of Hicks v City of New York, 8 AD3d 566 [2004]; Matter of Camilleri v County of Suffolk, 190 AD2d 669 [1993]). Ritter, J.P., Goldstein, Smith and Fisher, JJ., concur.