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Late Notice of Claim Denied—Criteria Explained

In affirming the denial a petition for leave to file a late notice of claim, the Second Department explained the relevant criteria:

Timely service of a notice of claim is a condition precedent to the commencement of an action sounding in tort against the New York City Transit Authority (hereinafter the NYCTA) (see General Municipal Law § 50-e[1][a]…). In determining whether to extend the time to serve a notice of claim, the court will consider whether, in particular, the public corporation received actual notice of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, whether the claimant has a reasonable excuse for the failure to serve a timely notice of claim, and whether the delay would substantially prejudice the public corporation in its defense on the merits (see General Municipal Law § 50-e[5]…). Matter of Ryan v New York City Tr Auth, 2013 NY Slip Op 06691, Second Dept 10-16-13

 

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