Garvin v. County of Erie

Appellate Division of the Supreme Court of New York

Garvin v. County of Erie

174 A.D.2d 1054, 573 N.Y.S.2d 15, 1991 N.Y. App. Div. LEXIS 9021

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

DecidedJune 7, 1991

StatusPublished

This text of 174 A.D.2d 1054 (Garvin v. County of Erie) 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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Garvin v. County of Erie, 174 A.D.2d 1054, 573 N.Y.S.2d 15, 1991 N.Y. App. Div. LEXIS 9021 (N.Y. Ct. App. 1991).

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Opinion

—Order unanimously affirmed without costs. [1055]*1055Memorandum: The court did not abuse its discretion in denying claimant’s motion for leave to file a late notice of claim pursuant to General Municipal Law § 50-e (5). Claimant failed to prove that the County had actual notice of the incident upon which his claim is based (see, Wencek v County of Chautauqua, 132 AD2d 950, 951; cf., Matter of Jakubowicz v Dunkirk Urban Renewal Agency, 75 AD2d 1019), nor did he provide any excuse for the delay in filing his notice of claim (see, Baehre v County of Erie, 94 AD2d 943). (Appeal from Order of Supreme Court, Erie County, Joslin, J.—Late Notice of Claim.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.

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—Order unanimously affirmed without costs. [1055]*1055Memorandum: The court did not abuse its discretion in denying claimant’s motion for leave to file a late notice of claim pursuant to General Municipal Law § 50-e (5). Claimant failed to prove that the County had actual notice of the incident upon which his claim is based (see, Wencek v County of Chautauqua, 132 AD2d 950, 951; cf., Matter of Jakubowicz v Dunkirk Urban Renewal Agency, 75 AD2d 1019), nor did he provide any excuse for the delay in filing his notice of claim (see, Baehre v County of Erie, 94 AD2d 943). (Appeal from Order of Supreme Court, Erie County, Joslin, J.—Late Notice of Claim.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.

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174 A.D.2d 1054, 573 N.Y.S.2d 15, 1991 N.Y. App. Div. LEXIS 9021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garvin-v-county-of-erie-nyappdiv-1991.

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