Hartford Accident & Indemnity Co. v. City of Mount Vernon

Defendant made application to dismiss the complaint herein upon the ground that plaintiff failed to file a notice of claim pursuant to section 50-e of the General Municipal Law. The application was granted without opposition. Plaintiff now applies to this court for a reconsideration of the application claiming that his affidavit in opposition was served upon the defendant but inadvertently not submitted to the court.

Plaintiff has offered a reasonable excuse for his default in opposing the original application and no prejudice has ensued to defendant by reason thereof. The court will therefore…