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MATTER OF GRANT v. NASSAU COUNTY INDUSTRIAL DEVELOPMENT AGENCY

60 A.D.3d 946 (2009)

875 N.Y.S.2d 556

In the Matter of RICKEY GRANT, Respondent, v. NASSAU COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 24, 2009.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.

A condition precedent to commencing a tort action against an industrial development agency is the service of a notice of claim upon it within 90 days after the claim arose (see General Municipal Law § 880 [2]; § 50-e [1] [a]). The court may, in its discretion, extend the time to serve a notice of claim (see General Municipal...

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