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Application to File Late Notice of Claim Against School District Properly Denied—School District Did Not Have Timely Actual Notice and Plaintiff Had No Reasonable Excuse

The Second Department determined the application to file a late notice of claim on behalf of an infant plaintiff was properly denied where the school district did not have timely actual notice of the claim and there was no reasonable excuse for the delay.  Iglesias v Brentwood Union Free School Dist, 2014 NY Slip Op 04194, 2nd Dept 6-11-14

 

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CPLR 7003(1), WHICH REQUIRES A JUDGE TO FORFEIT $1000 FOR AN IMPROPER DENIAL OF HABEAS CORPUS RELIEF, IS UNCONSTITUTIONAL AS A VIOLATION OF THE COMPENSATION CLAUSE OF THE NYS CONSTITUTION AND AS A VIOLATION OF THE SEPARATION OF POWERS DOCTRINE (SECOND DEPT). ​
BIOLOGICAL FATHER ESTOPPED FROM ASSERTING PATERNITY.
QUESTIONS OF FACT PRECLUDED SUMMARY JUDGMENT IN THIS ACTION AGAINST THE TOWN; TOWN POLICE HAD CONFISCATED PLAINTIFF’S DECEDENT’S HUSBAND’S GUN AFTER SHE TOLD THE POLICE HE HAD ASSAULTED HER; THE TOWN SUBSEQUENTLY RETURNED THE GUN TO HER HUSBAND AFTER LEARNING HE WAS A RETIRED POLICE OFFICER; HER HUSBAND THEN SHOT AND KILLED PLAINTIFF’S DECEDENT AND TOOK HIS OWN LIFE (SECOND DEPT).
IN THIS DIVORCE PROCEEDING, IT WAS AN ABUSE OF DISCRETION TO DENY INTERIM ATTORNEY’S FEES TO THE NONMONIED SPOUSE (SECOND DEPT).
FAILURE TO DEMONSTRATE SCARRING WAS DISCUSSED PRIOR TO THE SIGNING OF THE CONSENT FORM, AND FAILURE TO DEMONSTRATE PLAINTIFF WOULD HAVE GONE THROUGH WITH THE SURGERY DESPITE FULL DISCLOSURE ABOUT SCARRING, REQUIRED DENIAL OF PHYSICIAN’S MOTION FOR SUMMARY JUDGMENT.
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Question of Fact Raised About Whether Any Delay In Insured’s Notifying the Insurer of the Accident Was Attributable to the Insured’s “Good-Faith Belief of Non-Liability”

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