Legal Opinion
Gaudio v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided January 9, 1997PublishedCited by 9 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered on or about November 15, 1995, which denied petitioner’s application for leave to serve a late notice of claim, unanimously affirmed, without costs.
Petitioner’s ignorance of the law is not an acceptable excuse for failing to serve a timely notice of claim (Turkenitz v City of New York, 213 AD2d 266), and the excuse that he did not appreciate the full extent of his injuries until two months after the accident cannot be accepted in the absence of any supporting medical evidence explaining, first, why the injury took…
2Cases cited2 opinions
- Turkenitz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Myette v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by9 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Velazquez v. City of New York Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Rivera v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Eaddy v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2001
- Gomez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
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