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Late Notice of Claim Denied—Infancy Alone Not Sufficient Reason to Allow Late Notice

In affirming the denial of a petition for leave to file a late notice of claim, the Second Department noted that the infancy of the injured person did not compel the granting of the petition:

…[T]he factor of infancy alone does not compel the granting of a petition for leave to serve a late notice of claim … . Here, the failure to serve a timely notice of claim and the lengthy delay in seeking leave to serve a late notice of claim were not the product of the injured person’s infancy … . Furthermore, the excuse proffered for the delay in commencing this proceeding, that the petitioner, the infant’s father, was not aware of the extent of his daughter’s injury and disability until 4½ years after the accident, is unacceptable without supporting medical evidence explaining why the extent of the injury and disability took so long to become apparent… . Matter of Sparrow v Hewlett-Woodmere Union Free Scjh Dist (#14), 2013 NY Slip Op 06696, 2nd Dept 10-16-13

 

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