Legal Opinion

Brennan v. Metropolitan Transportation Authority

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

Decided October 1, 2013Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered January 27, 2012, denying petitioners’ motion to file a late notice of claim, unanimously affirmed, without costs.

Petitioners’ stated ignorance of the requirements of General Municipal Law § 50-e is not a reasonable excuse for failure to timely file a notice of claim (see Rodriguez v New York City Health & Hosps. Corp. [Jacobi Med. Ctr.], 78 AD3d 538 [1st Dept 2010], lv denied 17 NY3d 718 [2011]). Petitioners also failed to demonstrate that the delay was due to petitioner Michael Brennan’s injuries since he returned…

2Cases cited2 opinions

  1. Renelique v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  2. DelValle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997

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