You are here: / / Application to File Late Notice of Claim Should Have Been Granted—Plaintiff...
,

Application to File Late Notice of Claim Should Have Been Granted—Plaintiff Was Incapacitated for Months and the City Contributed to the Delay by Failing to Respond to Freedom of Information Requests

Reversing Supreme Court, the First Department determined plaintiff’s application for leave to file a late notice of claim in a slip and fall case should have been granted.  Plaintiff was incapacitated by her injuries for months and did not unreasonably delay in making the application after she retained counsel.  Counsel had difficulty determining the owners of the construction site in issue, of which the city was one, and the city contributed to the delay by failing to respond to plaintiff’s freedom of information requests:

Under these circumstances, where the City contributed to the delay, and the motion was made within the one-year and ninety-day statute of limitations (see CPLR 217-a; see also General Municipal Law § 50-e[5]), the City cannot argue that petitioner unduly delayed in making the motion, or that it did not acquire essential knowledge of the facts underlying petitioner’s claim within a reasonable time after the expiration of the 90-day period for filing a timely notice of claim … . Matter of Rivera v City of New York, 2015 NY Slip Op 03029, 1st Dept 4-9-15

 

You might also like
QUESTIONS OF FACT WHETHER THE OWNER OF A DOMESTIC VIOLENCE SHELTER AND THE SECURITY COMPANY HIRED BY THE SHELTER WERE LIABLE FOR THE SHOOTING OF A CHILD JUST OUTSIDE THE GATE OF THE SHELTER, THE CHILD WAS AN INTENDED BENEFICIARY OF THE CONTRACT BETWEEN THE SHELTER AND THE SECURITY COMPANY (FIRST DEPT).
NOTICE OF CLAIM TIMELY SERVED AS A MATTER OF LAW UNDER THE CONTINUOUS TREATMENT DOCTRINE.
IN ORDERING A NEW HEARING ON MOTHER’S PETITION TO RELOCATE, THE FIRST DEPARTMENT NOTED THE INADEQUACY OF THE PROOF PRESENTED BY ASSIGNED COUNSEL AT THE FIRST HEARING AND CONSIDERED “NEW” FACTS WHICH WERE NOT PART OF THE RECORD ON APPEAL (FIRST DEPT). ​
THE SUPERIOR COURT INFORMATION (SCI) WAS JURISDICTIONALLY DEFECTIVE BECAUSE IT INCLUDED OFFENSES FOR WHICH DEFENDANT WAS NOT HELD FOR GRAND JURY ACTION (FIRST DEPT).
INSTALLING WINDOW SHADES IS NOT ‘ALTERING’ WITHIN THE MEANING OF LABOR LAW 240 (1) AND WAS NOT PART OF THE GENERAL CONTRACTOR’S RESPONSIBILITIES (FIRST DEPT).
DEFENSE COUNSEL LEFT A PROFFER SESSION MIDWAY THROUGH THE PROCEEDINGS; DURING THE PROFFER SESSION DEFENDANT MADE AN INCRIMINATORY STATEMENT WHICH WAS USED TO IMPEACH HIS CREDIBILITY AT TRIAL; DEFENDANT’S MOTION TO VACATE HIS CONVICTION ON INEFFECTIVE-ASSISTANCE GROUNDS SHOULD HAVE BEEN GRANTED (FIRST DEPT).
Defendants Unable to Demonstrate that Plaintiff’s Alleged Breach of a Related Contract Relieved Defendants of the Obligation to Pay a Promissory Note—No Showing the Promissory Note and Oral Agreement Were “Intertwined”
Worker Struck by Falling Brick Entitled to Summary Judgment/Comparative Negligence Is Not a Defense to a Labor Law 240(1) Claim

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Bank May Still Be Lawful Holder of a Note and Mortgage, and Therefore Have Standing... The Breach of Contract Cause of Action Which Was Based Upon Clauses Which Merely...