Tabak v. City of New York

Appellate Division of the Supreme Court of New York

Tabak v. City of New York

167 A.D.2d 547, 562 N.Y.S.2d 948, 1990 N.Y. App. Div. LEXIS 14261

Appellate Division of the Supreme Court of the State of New York·Decided November 26, 1990·Published·Cited by 1 cases

Opinion

[548] Since the petitioner never demonstrated that the failure to serve a timely notice of claim was caused by her son’s physical or psychological disability, it cannot be said that the Supreme Court improvidently exercised its discretion in denying her application (see, Matter of Albanese v Village of Floral Park, 128 AD2d 611). Significantly, the proposed notice of claim submitted to the Supreme Court was signed by the son. Further, under the facts of this case, we find that the respondents would be prejudiced if the application were granted. Thompson, J. P., Brown, Kunzeman and Fiber, JJ., concur.

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[548] Since the petitioner never demonstrated that the failure to serve a timely notice of claim was caused by her son’s physical or psychological disability, it cannot be said that the Supreme Court improvidently exercised its discretion in denying her application (see, Matter of Albanese v Village of Floral Park, 128 AD2d 611). Significantly, the proposed notice of claim submitted to the Supreme Court was signed by the son. Further, under the facts of this case, we find that the respondents would be prejudiced if the application were granted. Thompson, J. P., Brown, Kunzeman and Fiber, JJ., concur.

Tabak v. City of New York, 167 A.D.2d 547, 562 N.Y.S.2d 948, 1990 N.Y. App. Div. LEXIS 14261 (N.Y. Ct. App. 1990).

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Opinion

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