Bruce Coopersmith v. County of Greene

Appeal from an order of the Supreme Court (Cobb, J.), entered September 27, 1990 in Greene County, which denied petitioner’s application pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim.

Petitioner did not move to file a late notice of claim against respondent until almost a year after his accident and it is undisputed that respondent did not have actual notice of the facts of the claim until petitioner made his motion (see, Matter of Stenowich v Colonie Indus. Dev. Agency, 151 AD2d 894, lv denied 74 NY2d 615). Furthermore, we agree with Supreme Court’s…