Alas Ex Rel. De Rosales v. Brentwood Health Center

121 A.D.3d 822, 993 N.Y.S.2d 518

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 15, 2014
• Docket: 2012-10870
• Status: Published

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated October 2, 2012, which granted the defendant’s motion to dismiss the complaint for failure to serve a timely notice of claim pursuant to General Municipal Law § 50-e and denied her cross motion for leave to serve a late notice of claim.

Ordered that the order is affirmed, with costs.

The plaintiffs failure to include a proposed notice of claim with the papers in support of her cross motion was a sufficient basis for denying her cross motion for leave to serve a late notice of claim (see General Municipal Law § 50-e [7]; Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1010 [2006]). Moreover, the plaintiff failed to demonstrate grounds for granting leave to serve a late notice of claim (see Rowe v Nassau Health Care Corp., 57 AD3d 961, 963 [2008]; Williams v Nassau County Med. Ctr., 13 AD3d 363, 364 [2004], affd 6 NY3d 531 [2006]). Accordingly, the Supreme Court properly granted the defendant’s motion to dismiss the complaint for failure to serve a timely notice of claim pursuant to General Municipal Law § 50-e, and properly denied the plaintiffs cross motion for leave to serve a late notice of claim.

Dillon, J.E, Hall, Austin and Barros, JJ., concur.