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Late Notice of Claim Allowed in Absence of Reasonable Excuse

In affirming the granting of a petition to file a late notice of claim, in spite of the absence of a reasonable excuse for a timely filing, the Second Department wrote:

…[T]he City defendants acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose, as indicated by an affidavit from the petitioner, wherein she stated that immediately following her son’s injury, a teacher’s aide took her son to the hospital where he was admitted and underwent surgery, and remained for two weeks. The petitioner further stated that within one month after the incident, she told the dean of the school that she was upset that her son was permitted to play tackle football without safety equipment during gym class, and that she wanted to make a claim against the school … . Furthermore, the City defendants would not be substantially prejudiced in their ability to maintain a defense. Although the petitioner failed to provide a reasonable excuse for failing to timely serve a notice of claim, under the circumstances of this case, that is not fatal to the petition … .   Matter of McLeod v City of New York, 2013 NY Slip Op 02251, 2012-03238, Index No 25950/11, 2nd Dept 4-3-13

 

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