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

Appellate Division of the Supreme Court of the State of New York·Decided March 23, 1993·Published·Cited by 1 cases

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.

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

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