Guity v. City of New York

Appellate Division of the Supreme Court of New York

Guity v. City of New York

191 A.D.2d 352, 595 N.Y.S.2d 758

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

DecidedMarch 23, 1993

StatusPublished

Cited by1 cases

This text of 191 A.D.2d 352 (Guity 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

Guity v. City of New York, 191 A.D.2d 352, 595 N.Y.S.2d 758 (N.Y. Ct. App. 1993).

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Opinion

—Order, Supreme Court, Bronx County (Lewis R. Friedman, J.), entered February 3, 1992, which denied petitioners’ application for leave to serve a late notice of claim, unanimously affirmed without costs.

Denial of the application was a proper exercise of discretion in the absence of a showing that respondent acquired actual knowledge of the facts constituting the claim within 90 days after it arose, or a reasonable time thereafter given the absence of a valid excuse for the eight month delay in filing the notice of claim (see, Matter of Perez v New York City Hous. Auth., 156 AD2d 177). Concur — Ellerin, J. P., Wallach, Kupferman and Asch, JJ.

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—Order, Supreme Court, Bronx County (Lewis R. Friedman, J.), entered February 3, 1992, which denied petitioners’ application for leave to serve a late notice of claim, unanimously affirmed without costs.

Denial of the application was a proper exercise of discretion in the absence of a showing that respondent acquired actual knowledge of the facts constituting the claim within 90 days after it arose, or a reasonable time thereafter given the absence of a valid excuse for the eight month delay in filing the notice of claim (see, Matter of Perez v New York City Hous. Auth., 156 AD2d 177). Concur — Ellerin, J. P., Wallach, Kupferman and Asch, JJ.

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191 A.D.2d 352, 595 N.Y.S.2d 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guity-v-city-of-new-york-nyappdiv-1993.

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