Legal Opinion
Ifejika-Obukwelu v. New York City Department of Education
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2008PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered on or about October 4, 2005, which denied plaintiffs’ motion to serve a late notice of claim, unanimously affirmed, without costs.
While the failure to proffer a reasonable excuse for delay in serving a notice of claim is not, by itself, fatal to a motion for leave to file a late notice, plaintiffs also failed to demonstrate that defendants had timely actual notice of the claim and that they sustained no prejudice by reason of the delay (see General Municipal Law § 50-e [1] [a]; [5]; Harris v City of New York, 297 AD2d 473,…
2Cases cited5 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Schifano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Pineda v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Tavarez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Davis v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by6 opinions
- Mehra v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Salazar v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
- Matter of Salazar v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
- Clayton v. New York City Taxi & Limousine CommissionAppellate Division of the Supreme Court of the State of New York · 2014
- Clayton v. New York City Taxi & Limousine CommissionAppellate Division of the Supreme Court of the State of New York · 2014
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