Ertel v. Town of Amherst

Appellate Division of the Supreme Court of New York

Ertel v. Town of Amherst

267 A.D.2d 1024, 700 N.Y.S.2d 903, 1999 N.Y. App. Div. LEXIS 13779

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

DecidedDecember 30, 1999

StatusPublished

Cited by2 cases

This text of 267 A.D.2d 1024 (Ertel v. Town of Amherst) 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

Ertel v. Town of Amherst, 267 A.D.2d 1024, 700 N.Y.S.2d 903, 1999 N.Y. App. Div. LEXIS 13779 (N.Y. Ct. App. 1999).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying claimants’ motion to file a late notice of claim. Claimants failed to establish that respondent had “notice or knowledge of the specific claim and not general knowledge that a wrong has been committed” (Matter of Sica v Board of Educ., 226 AD2d 542, 543; see, Matter of Morrison v New York City Health & Hosps. Corp., 244 AD2d 487, 488). Moreover, claimants failed to demonstrate a reasonable excuse for their failure to file a timely notice of claim (see, Winter v City of Geneva, 203 AD2d 939). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Notice of Claim.) Present— Green, J. P., Lawton, Pigott, Jr., Scudder and Callahan, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying claimants’ motion to file a late notice of claim. Claimants failed to establish that respondent had “notice or knowledge of the specific claim and not general knowledge that a wrong has been committed” (Matter of Sica v Board of Educ., 226 AD2d 542, 543; see, Matter of Morrison v New York City Health & Hosps. Corp., 244 AD2d 487, 488). Moreover, claimants failed to demonstrate a reasonable excuse for their failure to file a timely notice of claim (see, Winter v City of Geneva, 203 AD2d 939). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Notice of Claim.) Present— Green, J. P., Lawton, Pigott, Jr., Scudder and Callahan, JJ.

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Bluebook (online)

267 A.D.2d 1024, 700 N.Y.S.2d 903, 1999 N.Y. App. Div. LEXIS 13779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ertel-v-town-of-amherst-nyappdiv-1999.

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