Legal Opinion

Ertel v. Town of Amherst

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

Decided December 30, 1999PublishedCited by 2 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying claimants’ motion to file a late notice of claim. Claimants failed to establish that respondent had “notice or knowledge of the specific claim and not general knowledge that a wrong has been committed” (Matter of Sica v Board of Educ., 226 AD2d 542, 543; see, Matter of Morrison v New York City Health & Hosps. Corp., 244 AD2d 487, 488). Moreover, claimants failed to demonstrate a reasonable excuse for their failure to file a timely notice of claim (see, Winter v City of Geneva, 203 AD2d…

2Cases cited3 opinions

  1. Sica v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
  2. Morrison v. New York City HealthAppellate Division of the Supreme Court of the State of New York · 1997
  3. Winter v. City of GenevaAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by2 opinions

  1. Mieux v. Alden High SchoolAppellate Division of the Supreme Court of the State of New York · 2003
  2. Troutman v. Syracuse Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006

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