Lopez v. New York City Housing Authority

court (Matter of Jenkins v New York City Hous. Auth., 181 AD2d 506 ). Here, that discretion was not improvidently exercised, where petitioner’s excuse for filing the notice of claim six and a half months after the accident, that he did not ascertain the severity of his injury until three months after his accident, is reasonable (Swensen v City of New York, 126 AD2d 499 , 501, lv denied 70 NY2d 602 ). Similarly, the underlying facts of the claim become known to respondent shortly after the expiration of the 90-day statutory time period and, even if the condition which petitioner alleges caused the accident — the lack of handrails on a staircase — has changed, it is likely that respondent made the change and/or kept a record of it. We have considered respondent’s other claims and find them to be without merit. Concur — Murphy, P. J., Rubin, Ross and Tom, JJ.