Gherardi v. City of New York

Appellate Division of the Supreme Court of New York

Gherardi v. City of New York

294 A.D.2d 101, 740 N.Y.S.2d 865, 2002 N.Y. App. Div. LEXIS 4374

Appellate Division of the Supreme Court of the State of New York·Decided May 2, 2002·Published·Cited by 6 cases

Opinion

—Judgment (denominated order), Supreme Court, Bronx County (Stanley Green, J.), entered May 10, 2001, which denied petitioners’ application for leave to serve a late notice of claim upon respondents, unanimously reversed, on the law, without costs, the petition granted, and such notice deemed timely served nunc pro tunc.

The petition for leave to serve a late notice of claim on respondents should have been granted. Petitioners made an excusable error concerning the identity of the public corporation against which the claim should be asserted and acted within reasonable time to correct the error, respondents acquired actual knowledge of the claim within a reasonable time after expiration of the 90-day period for service of the notice, and respondents were not substantially prejudiced by the delay (see, General Municipal Law § 50-e [5]). Concur— Williams, P.J., Tom, Mazzarelli, Andrias and Friedman, JJ.

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—Judgment (denominated order), Supreme Court, Bronx County (Stanley Green, J.), entered May 10, 2001, which denied petitioners’ application for leave to serve a late notice of claim upon respondents, unanimously reversed, on the law, without costs, the petition granted, and such notice deemed timely served nunc pro tunc.

The petition for leave to serve a late notice of claim on respondents should have been granted. Petitioners made an excusable error concerning the identity of the public corporation against which the claim should be asserted and acted within reasonable time to correct the error, respondents acquired actual knowledge of the claim within a reasonable time after expiration of the 90-day period for service of the notice, and respondents were not substantially prejudiced by the delay (see, General Municipal Law § 50-e [5]). Concur— Williams, P.J., Tom, Mazzarelli, Andrias and Friedman, JJ.

Gherardi v. City of New York, 294 A.D.2d 101, 740 N.Y.S.2d 865, 2002 N.Y. App. Div. LEXIS 4374 (N.Y. Ct. App. 2002).

Pincite

294 A.D.2d 101 (Gherardi v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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