Monaco v. Korte

2026 NY Slip Op 50365(U)
CourtNew York Supreme Court, Suffolk County
DecidedMarch 19, 2026
DocketIndex No. 624542/2023
StatusUnpublished
AuthorModelewski

This text of 2026 NY Slip Op 50365(U) (Monaco v. Korte) is published on Counsel Stack Legal Research, covering New York Supreme Court, Suffolk County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monaco v. Korte, 2026 NY Slip Op 50365(U) (N.Y. Super. Ct. 2026).

Opinion

Monaco v Korte (2026 NY Slip Op 50365(U)) [*1]
Monaco v Korte
2026 NY Slip Op 50365(U)
Decided on March 19, 2026
Supreme Court, Suffolk County
Modelewski, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 19, 2026
Supreme Court, Suffolk County


Paige Monaco, Plaintiff,

against

Jason Korte, Defendant.




Index No. 624542/2023

KUJAWSKI & KUJAWSKI, ESQS.
Attorneys for Plaintiff
98 Carleton Avenue
Central Islip, New York 11722

CHRISTOPHER J. CLAYTON
SUFFOLK COUNTY ATTORNEY
Attorney for Defendant
100 Veterans Memorial Highway
Hauppauge, New York 11788-0099 Christopher Modelewski, J.

Upon the E-file document list numbered 49 to 60 read and considered on the motion by plaintiff for an order, inter alia, granting her leave to renew her prior motions for leave to serve a late notice of claim against the County of Suffolk and for summary judgment against defendant Jason Korte on the issue of liability; it is

ORDERED that the branch of the motion by plaintiff for an order, inter alia, granting her leave to renew her prior motions for leave to serve a late notice of claim against the County of Suffolk, is granted, for the reasons set forth herein; and it is further

ORDERED that upon renewal, plaintiff's motion to serve a late notice of claim against the County of Suffolk is granted; and it is further

ORDERED that the proposed notice of claim submitted with plaintiff's motion is deemed served as of the date of this Order; and it is further

ORDERED that the branch of the motion by plaintiff for an order granting her summary judgment on the issue of liability is denied, for the reasons set forth herein.

This is an action seeking damages for personal injuries alleged to have been sustained by plaintiff as a result of a dog bite incident involving "Reis" (K9-12), a Dutch Shepard police work dog. The dog bite incident occurred on March 23, 2023 at Old Towne Animal Hospital in Southampton, New York (the "Animal Hospital"), while Reis was boarded there by defendant Jason Korte ("Korte"), his "handler" and then deputy sheriff K9 handler with the Suffolk County Sheriff's Department. Plaintiff commenced this action by the filing of a summons and complaint on October 3, 2023 and issue was joined on January 3, 2024. Prior applications were made by plaintiff for leave to file a late notice of claim against the County of Suffolk, which were denied by orders of this Court, dated April 3, 2024 and July 31, 2024, respectively. Plaintiff now renews her motion for leave to file a late notice of claim against the County of Suffolk. As a result of discovery in this action, the investigative file of the Suffolk County Sheriff's Department regarding this dog bite incident was produced, including the full, detailed investigation by the Sheriff's Department into this incident, along with the investigative report, which is dated March 24, 2023, the day after the dog bite incident. Plaintiff also moves for summary judgment on the issue of liability as against defendant Korte. Defendant Korte opposes the motion and plaintiff replies.

Based upon the new evidence submitted by plaintiff in support of her renewed application for leave to serve a late notice of claim upon defendant, the Court grants plaintiff leave to renew (CPLR 2221 [e]) and will consider the merits of her application for leave to file a late notice of claim.

The filing of a notice of claim is a condition precedent to the commencement of a common-law tort action against a public corporation (Brown v City of New York, 95 NY2d 389, 392, 718 NYS2d 4 [2000]; Santoro v Town of Smithtown, 40 AD3d 736, 835 NYS2d 658 [2d Dept. 2007]). General Municipal Law § 50-e (1) directs that in actions where a notice of claim is required, the time for its service is within ninety days after the claim arises (General Municipal Law § 50-e [1][a]; see also Campbell v City of New York,4 NY3d 200, 791 NYS2d 880 [2005]). The purpose of this statute "is to afford the public corporation an adequate opportunity to investigate the circumstances surrounding the accident and to explore the merits of the claim while information is still readily available" (Caselli v City of New York,105 AD2d 251, 252, 483 NYS2d 401 [2d Dept 1984]). In accordance therewith, the statute provides that the notice of [*2]claim must set forth the name of the claimant and the attorney, if any, the nature of the claim, the time when, the place where and the manner in which the claim arose, and the injuries alleged to have been sustained by the claimant (General Municipal Law §50-e [2]).

General Municipal Law §50-e (5) provides that the court may extend the time to file a notice of claim so long as an application for leave to serve a late notice of claim is made within one year and ninety days after the claim accrued (see Campbell v City of New York, supra; Robinson v Board of Educ. Of City Sch. Dist. Of City of NY,104 AD3d 666, 962 NYS2d 279 [2d Dept. 2013]; Matter of Zaid v City of New York,87 AD3d 661, 98 NYS2d 579 [2d Dept. 2011]; McShane v Town of Hempstead,66 AD3d 652, 652-63, 886 NYS2d 751 [2d Dept. 2009]). The determination as to whether to grant an application for leave to serve a late notice of claim is entrusted to the sound discretion of the Court (see Murray v City of New York,30 NY2d 113, 119, 331 NYS2d 9 [1972]; Matter of Doe v Goshen Cent. Schl. Dist., 13 AD3d 526, 787 NYS2d 75 [2d Dept 2004]). In deciding an application for leave to serve a late notice of claim, the court must consider and balance certain factors, including, whether the public corporation acquired actual knowledge of the facts constituting the claim within ninety days from its accrual or a reasonable time thereafter, whether the public corporation would be substantially prejudiced by the delay in its defense of the claims, and whether the petitioner has demonstrated a reasonable excuse for failing to timely serve a notice of claim (see General Municipal Law §50-e[5]; Matter of McFarland v City of New York, 169 AD3d 687, 687-88, 92 NYS3d 725 [2d Dept. 2019]; Matter of Hampson v Connetquot Cent. Sch. Dist., 114 AD3d 790, 980 NYS2d 132 [2d Dept 2014]; Matter of Oliver v City of New York,76 AD3d 1017, 1018, 908 NYS2d 108 [2d Dept 2010]; Matter of Vicari v Grand Ave. Middle School, 52 AD3d 838, 860 NYS2d 629 [2d Dept. 2008]; Matter of Groves v New York City Tr. Auth., 44 AD3d 856, 843 NYS2d 452 [2d Dept. 2007]). Once the petitioner establishes timely notice of the essential facts of the claim, the burden of showing lack of prejudice has been met (see Jordan v City of New York, 41 AD3d 658, 838 NYS2d 624 [2d Dept 2007]).

While the presence or absence of any one of the factors is not necessarily determinative and all relevant factors are to be considered (see Matter of Felice v Easport/South Manor Cent. School Dist., 50 AD3d 138, 851 NYS2d 218 [2d Dept 2008]; Matter of White v New York City Hous. Auth., 38 AD3d 675, 831 NYS2d 515 [2d Dept 2007]; Rivera-Guallpa v County of Nassau

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Monaco v. Korte
2026 NY Slip Op 50365(U) (New York Supreme Court, Suffolk County, 2026)

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Bluebook (online)
2026 NY Slip Op 50365(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/monaco-v-korte-nysuprctfflk-2026.