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Late Notice of Claim Disallowed.

The Second Department reversed the trial court’s grant of a petition to file a late notice of claim.  “The petitioner did not demonstrate a reasonable excuse… .  The petitioners’ assertion that they only recently discovered that they had a claim against the City is not an acceptable excuse … .  * * *  The fact that the … Police Department had knowledge of this accident, without more, cannot be considered actual knowledge of the essential facts underlying the claim against the City …”. Matter of Klass vs City of New York, 2012-00913, Index No. 16699/11 Second Dept. 2-20-13

 

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