Opinion
March 14, 1994
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order is affirmed, with costs.
We find that the petitioner was prevented from seeking out the aid of counsel and from having a notice of claim served timely by reason of the severity of the injuries he sustained in the accident complained of (see, Morano v. County of Dutchess, 160 A.D.2d 690; Matter of Savelli v. City of New York, 104 A.D.2d 943, 944). The extensive injuries received by the petitioner as well as the various therapies which were needed caused him to be more concerned with his own emotional and physical health than in maintaining an action to receive compensation (see, Morano v County of Dutchess, supra). Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in granting leave to serve a late notice of claim (see, Pagan v. New York City Hous. Auth., 166 A.D.2d 390). Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.