Gonzalez v. City of New York

Plaintiff failed to establish any of the relevant statutory factors that would warrant leave to serve a late notice of claim (General Municipal § 50-e [5]; Matter of Kelley v New York City Health & Hosps. Corp., 76 AD3d 824 [2010]). Her claimed injury was a broken bone in her ankle, which was treated in the emergency room. There was no showing that the injury was so incapacitating as to prevent the service of a timely notice of claim (see Matter of Montanez v City of New York, 156 AD2d 185 [1989]). There was no showing that defendants acquired actual knowledge of the facts and circumstances…