Home/Appellate Division of the Supreme Court of New York/Rodriguez v. City of New York

Rodriguez v. City of New York

265 A.D.2d 484, 696 N.Y.S.2d 860, 1999 N.Y. App. Div. LEXIS 10420
Procedural entryThis page is a short order in Rodriguez v. City of New York. Read the opinion of the Court — 259 A.D.2d 280 →
Appellate Division of the Supreme Court of the State of New York·Decided October 18, 1999·Published

Opinion

—In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioners appeal from an order of the Supreme Court, Kings County (Bruno, J.), dated April 27, 1998, which denied their application.

Ordered that the order is affirmed, with costs.

Contrary to the petitioners’ contentions, the Supreme Court providently exercised its discretion in denying their application for leave to serve a late notice of claim (see, Matter of Embery v City of New York, 250 AD2d 611; Matter of Sverdlin v City of New York, 229 AD2d 544). The petitioners did not proffer a reasonable excuse for their failure to file a timely notice of claim (see, Matter of Perez v City of New York, 250 AD2d 688; Matter of Deegan v City of New York, 227 AD2d 620), and the respondents established that they had been prejudiced by the delay (see, Matter of Landa v City of New York, 252 AD2d 525; Matter of Gilliam v City of New York, 250 AD2d 680; Matter of Pruden v New York City Bd. of Educ., 235 AD2d 426).

The petitioners’ remaining contentions are without merit. Bracken, J. P., S. Miller, Krausman and H. Miller, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Rodriguez v. City of New York, 265 A.D.2d 484, 696 N.Y.S.2d 860, 1999 N.Y. App. Div. LEXIS 10420 (N.Y. Ct. App. 1999).

265 A.D.2d 484 (Rodriguez v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Deegan v. City of New York
227 A.D.2d 620 (Appellate Division of the Supreme Court of New York, 1996)
Sverdlin v. City of New York
229 A.D.2d 544 (Appellate Division of the Supreme Court of New York, 1996)
Pruden v. New York City Board of Education
235 A.D.2d 426 (Appellate Division of the Supreme Court of New York, 1997)
Embery v. City of New York
250 A.D.2d 611 (Appellate Division of the Supreme Court of New York, 1998)
Gilliam v. City of New York
250 A.D.2d 680 (Appellate Division of the Supreme Court of New York, 1998)
Perez v. City of New York
250 A.D.2d 688 (Appellate Division of the Supreme Court of New York, 1998)
Landa v. City of New York
252 A.D.2d 525 (Appellate Division of the Supreme Court of New York, 1998)