Hernandez v. City of New York

Order, Supreme Court, Bronx County (Lewis R. Friedman, J.), entered on November 18, 1991, which denied petitioners’ application for leave to file a late notice of claim, unanimously affirmed, without costs.

Petitioner, a firearms instructor at the police firing range, claims to have suffered ear damage as a result of his duties. The IAS court did not abuse its discretion in denying petitioner leave to file a late notice of claim, since "the facts upon which [respondent’s] liability is predicated are not discernable” from the line-of-duty report, aided card, and witness statements submitted by…