Leave is granted where the record shows that the defendant had actual knowledge of the essential underlying facts of its employee's involvement in the accident, the police report, and the accident information exchange form. Petitioner sustained his burden of showing that defendants would not be substantially prejudiced in maintaining a defense on the merits. Any alleged prejudice is undermined by defendants'' contemporaneous investigation, including taking photos of the location as it was at the time of the accident. Defendants' conclusory assertion of prejudice resulting from the 11-month delay in serving the notice of claim is insufficient because they do not assert that the bus operator or the supervisor who investigated the accident are unavailable.
Matter of Williams v. New York City Tr. Auth., NY Slip Op 01782 (1st Dep't March 25, 2025)
