Legal Opinion

Hernaiz v. White Plains Parking Authority

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

Decided August 11, 1997Published

1Opinion of the Court

In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the appeal is from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered May 20, 1996, which granted the petition.

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the appellant received actual notice of the essential facts constituting the claim when the claimant filled out an accident report with the appellant’s representatives immediately after the accident and that the appellant suffered no prejudice (see, Walter v State of New…

2Cases cited3 opinions

  1. Fenton v. County of DutchessAppellate Division of the Supreme Court of the State of New York · 1989
  2. Zimmet v. Huntington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1992
  3. Walter v. StateAppellate Division of the Supreme Court of the State of New York · 1997

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