Frazier v. Board of Education of the School District

—Order unanimously reversed on the law without costs and application granted. Memorandum: Supreme Court abused its discretion in denying the application for leave to serve a late notice of claim (see, Sauve v City of Buffalo, 177 AD2d 934 , lv denied 79 NY2d 757 ). It is uncontroverted that the School District had notice of the accident through its employee, and its ability to maintain a defense was not prejudiced by the delay. (Appeal from Order of Supreme Court, Niagara County, Mintz, J.—Late Notice of Claim.) Present—Balio, J. P., Lawton, Wesley, Callahan and Davis, JJ.