Blackwell v. City of New York

Appellate Division of the Supreme Court of New York

Blackwell v. City of New York

156 A.D.2d 684, 550 N.Y.S.2d 843, 1989 N.Y. App. Div. LEXIS 16404

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

DecidedDecember 26, 1989

StatusPublished

Cited by3 cases

This text of 156 A.D.2d 684 (Blackwell v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Blackwell v. City of New York, 156 A.D.2d 684, 550 N.Y.S.2d 843, 1989 N.Y. App. Div. LEXIS 16404 (N.Y. Ct. App. 1989).

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Opinion

In a proceeding pursuant to General Municipal Law § 50-e, the petitioners appeal from an order of the Supreme Court, Queens County (Hentel, J.), dated June 1, 1988, which denied their application to serve a late notice of claim.

Ordered that the order is affirmed, with costs.

We conclude that the Supreme Court did not improvidently exercise its discretion in denying the petitioners’ application pursuant to General Municipal Law § 50-e (5) to file a late notice of claim. The petitioners failed to establish a reasonable excuse for their delay in filing a timely notice of claim and there is no evidence in the record to indicate that the respondent City of New York had actual knowledge of the petitioners’ claim within 90 days of the accident. Finally, we find that the respondent city would be substantially prejudiced if the petitioners’ application were granted (see, Matter of Perry v City of New York, 133 AD2d 692; Rechenberger v Nassau County Med. Center, 112 AD2d 150; Caselli v New York, 105 AD2d 251). Mollen, P. J., Thompson, Lawrence and Eiber, JJ., concur.

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In a proceeding pursuant to General Municipal Law § 50-e, the petitioners appeal from an order of the Supreme Court, Queens County (Hentel, J.), dated June 1, 1988, which denied their application to serve a late notice of claim.

Ordered that the order is affirmed, with costs.

We conclude that the Supreme Court did not improvidently exercise its discretion in denying the petitioners’ application pursuant to General Municipal Law § 50-e (5) to file a late notice of claim. The petitioners failed to establish a reasonable excuse for their delay in filing a timely notice of claim and there is no evidence in the record to indicate that the respondent City of New York had actual knowledge of the petitioners’ claim within 90 days of the accident. Finally, we find that the respondent city would be substantially prejudiced if the petitioners’ application were granted (see, Matter of Perry v City of New York, 133 AD2d 692; Rechenberger v Nassau County Med. Center, 112 AD2d 150; Caselli v New York, 105 AD2d 251). Mollen, P. J., Thompson, Lawrence and Eiber, JJ., concur.

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Bluebook (online)

156 A.D.2d 684, 550 N.Y.S.2d 843, 1989 N.Y. App. Div. LEXIS 16404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackwell-v-city-of-new-york-nyappdiv-1989.

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