Legal Opinion
Matter of Baum v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2016No. 573 160258/14PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Frank P. Ñervo, J.), entered November 5, 2014, which denied petitioner’s application for leave to file a late notice of claim, unanimously affirmed, without costs.
Although the absence of a reasonable excuse does not compel denial of an application for leave to file a late notice of claim (see Matter of Brennan v Metropolitan Transp. Auth., 110 AD3d 437 [1st Dept 2013]), petitioner has failed to demonstrate that respondent had actual knowledge of the claim within the statutory 90-day service period or a reasonable time thereafter (see Gonzalez v City of…
2Cases cited5 opinions
- Santiago v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Grande v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Tavarez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Barzaga v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by1 opinion
- Matter of Philbin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2024