Perez v. Battery Park City Authority

100 A.D.3d 460, 953 N.Y.S.2d 502

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 13, 2012
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered May 16, 2011, which, to the extent appealed from as limited by the briefs, denied the petition for leave to file a late notice of claim, unanimously affirmed, without costs.

Petitioner’s alleged inability to identify the proper party to sue is not a reasonable excuse for failing to serve a timely notice of claim (see Arias v New York City Hous. Auth., 40 AD3d 298, 299 [1st Dept 2007]). Petitioner does not even attempt to argue that respondent acquired 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]). Nor has he demonstrated a lack of prejudice from the delay (see Matter of Lauray v City of New York, 62 AD3d 467 [1st Dept 2009]). Concur — Gonzalez, P.J., Saxe, Catterson and Acosta, JJ.