Legal Opinion

Schifano v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided April 20, 2004PublishedCited by 9 opinions

1Opinion of the Court

*260Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered March 19, 2003, which denied petitioners’ application for leave to serve a late notice of claim, unanimously affirmed, without costs.

Petitioner construction worker’s excuse for not serving a timely notice of claim—that the seriousness of his injuries resulting from a trip and fall on heavy construction debris at a city construction site was not immediately apparent—is refuted by evidence that, inter alia, he intermittently missed several weeks of work during the three-month period immediately following the accident. Moreover,…

2Cases cited3 opinions

  1. Chattergoon v. New York City Housing AuthorityNew York Court of Appeals · 1991
  2. Chattergoon v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  3. Cuda v. Rotterdam-Mohonasen Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by9 opinions

  1. Bruzzese v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  2. Anderson v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2012
  3. Mehra v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  4. Matter of Simpson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
  5. Ifejika-Obukwelu v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008

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