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Crowell v. City of New York

228 A.D.2d 322, 644 N.Y.2d 231, 644 N.Y.S.2d 231, 1996 N.Y. App. Div. LEXIS 7297
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 20, 1996
StatusPublished
Cited by1 cases

This text of 228 A.D.2d 322 (Crowell 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.

Bluebook
Crowell v. City of New York, 228 A.D.2d 322, 644 N.Y.2d 231, 644 N.Y.S.2d 231, 1996 N.Y. App. Div. LEXIS 7297 (N.Y. Ct. App. 1996).

Opinion

Petitioner served a notice of claim on the City two days late, and then waited almost a full year before moving for leave to file the late claim, giving no explanation at all for the delay. The City is prejudiced by weather-related changes in the condition of the allegedly defective sidewalk during the period of delay (cf., Matter of Sutton v Town of Schuyler Falls, 185 AD2d 430, 431-432), and by its inability to identify and interview witnesses (see, Aviles v City of New York, 202 AD2d 530, 532, lv denied 84 NY2d 813). Denial of the motion to file a late notice of claim in these circumstances was not an improvident exercise of discretion (see, Zapata v City of New York, 225 AD2d 543). Concur—Murphy, P. J., Milonas, Wallach, Ross and Nardelli, JJ.

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Related

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309 A.D.2d 611 (Appellate Division of the Supreme Court of New York, 2003)

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Bluebook (online)
228 A.D.2d 322, 644 N.Y.2d 231, 644 N.Y.S.2d 231, 1996 N.Y. App. Div. LEXIS 7297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crowell-v-city-of-new-york-nyappdiv-1996.