Ertel v. Town of Amherst
Appellate Division of the Supreme Court of the State of New York
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
- Sica v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
- Morrison v. New York City HealthAppellate Division of the Supreme Court of the State of New York · 1997
- Winter v. City of GenevaAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by2 opinions
- Mieux v. Alden High SchoolAppellate Division of the Supreme Court of the State of New York · 2003
- Troutman v. Syracuse Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006