Perez v. Empire Bus Co.

OPINION OF THE COURT

Paul A. Victor, J.

Relief Sought

Defendants Joseph and Emanuella Bryson (as counterclaim plaintiffs) move for leave to serve a late notice of claim.

Issue Presented

This motion raises an issue which appears to be of first impression, i.e., whether permission to file a late notice of claim under General Municipal Law § 50-e should be granted when the claimant intentionally fails to file the notice of claim in order to gain a perceived advantage in an underlying criminal proceeding?

Facts and Legal Argument

By motion served April 24, 2006, defendants Joseph and Emanuella Bryson…