Liebman v. New York City Department of Education

Appellate Division of the Supreme Court of New York

Liebman v. New York City Department of Education

69 A.D.3d 633, 893 N.Y.2d 141

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

DecidedJanuary 5, 2010

StatusPublished

Cited by7 cases

This text of 69 A.D.3d 633 (Liebman v. New York City Department of Education) 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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Liebman v. New York City Department of Education, 69 A.D.3d 633, 893 N.Y.2d 141 (N.Y. Ct. App. 2010).

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Opinion

The Supreme Court did not improvidently exercise its discretion in denying the petition. First, the petitioner failed to offer a reasonable excuse for his failure to serve a timely notice of claim (see Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d 138, 150 [2008]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544, 545 [2007]; Matter of Narcisse v Incorporated Vil. of Cent. Islip, 36 AD3d 920 [2007]). Additionally, the petitioner failed to establish that any of the respondents had actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter (see General Municipal Law § 50-e [5]). While the petitioner alleged that an accident investigation report was provided to him at the job site where he was injured several days after the accident, there was no evidence that this report was served upon any one of the respondents. Furthermore, the petitioner failed to establish that the SVs-month delay after the expiration of the 90-day period would not substantially prejudice the respondents in maintaining their defenses on the merits (see Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d at 152-153; Matter of Lorseille v New York City Hous. Auth., 295 AD2d 612 [2002]; Matter of Sica v Board of Educ. of City of N.Y., 226 AD2d 542 [1996]). Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.

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The Supreme Court did not improvidently exercise its discretion in denying the petition. First, the petitioner failed to offer a reasonable excuse for his failure to serve a timely notice of claim (see Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d 138, 150 [2008]; Matter of Doyle v Elwood Union Free School Dist., 39 AD3d 544, 545 [2007]; Matter of Narcisse v Incorporated Vil. of Cent. Islip, 36 AD3d 920 [2007]). Additionally, the petitioner failed to establish that any of the respondents had actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter (see General Municipal Law § 50-e [5]). While the petitioner alleged that an accident investigation report was provided to him at the job site where he was injured several days after the accident, there was no evidence that this report was served upon any one of the respondents. Furthermore, the petitioner failed to establish that the SVs-month delay after the expiration of the 90-day period would not substantially prejudice the respondents in maintaining their defenses on the merits (see Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d at 152-153; Matter of Lorseille v New York City Hous. Auth., 295 AD2d 612 [2002]; Matter of Sica v Board of Educ. of City of N.Y., 226 AD2d 542 [1996]). Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.

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Bluebook (online)

69 A.D.3d 633, 893 N.Y.2d 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liebman-v-new-york-city-department-of-education-nyappdiv-2010.

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