You are here: / / Late Notice of Claim Can Be Allowed Even in Absence of Reasonable Excuse...
,

Late Notice of Claim Can Be Allowed Even in Absence of Reasonable Excuse Where Defendants Had Actual Notice

The Second Department explained the criteria for determining whether to allow a late notice of claim, noting that the lack of a reasonable excuse does not necessarily require denial of the application where there is actual notice and an absence of prejudice:

The determination of an application for leave to serve and file a late notice of claim is left to the sound discretion of the court … . Among the factors to be considered by a court in determining whether leave to serve a late notice of claim should be granted are whether the claimant had a reasonable excuse for the failure to serve a timely notice of claim, whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, and whether the delay would substantially prejudice the municipality in maintaining its defense … . Neither the presence nor absence of any one factor is determinative … . The absence of a reasonable excuse is not necessarily fatal … . However, whether the municipality had actual knowledge of the essential facts constituting the claim is of great importance … .

Here, the City defendants had actual notice of the essential facts constituting the claim well within the 90-day period for serving a notice of claim. Bakioglu v Tornabene, 2014 NY Slip Op 03219, 2nd Dept 5-7-14

 

You might also like
Garbage on Sidewalk May Create Liability
DEFENDANTS DID NOT DEMONSTRATE (1) THE STAIRS DOWN WHICH PLAINTIFF FELL WERE NOT REQUIRED TO HAVE A HANDRAIL (2) THE STAIRS WERE ADEQUATELY ILLUMINATED (3) OUT OF POSSESSION LANDLORD STATUS, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED.
PLAINTIFF FELL FROM AN UNSECURED A-FRAME LADDER THAT SHIFTED FOR NO APPARENT REASON, SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION PROPERLY GRANTED.
County Did Not Have the Power to Enact a Local Law to Repeal State Laws Concerning Property Tax.
Dismissal for Failure to State a Cause of Action Is Not Given Res Judicata Effect
Causes of Action Against City Alleging Negligence In Responding to a 911 Call and In Preparing for and Responding to a Snow Storm Which Blocked Roads Should Have Been Dismissed—Only Governmental Functions Were Involved and there Was No Special Relationship between the City and Plaintiffs’ Decedent
PLAINTIFFS’ COUNSEL’S GOOD-FAITH AFFIRMATION DID NOT INCLUDE DETAILS OF ANY EFFORTS TO RESOLVE THE DISCOVERY ISSUE AND WAS THEREFORE INADEQUATE; PLAINTIFFS’ MOTION TO COMPEL DEFENDANT TO SUBMIT TO A DEPOSITION UNDER THREAT OF PRECLUSION SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
OUT-OF-POSSESSION LANDLORDS FAILED TO DEMONSTRATE THAT THE SLANTED FLOOR OF THE IN-GROUND POOL WAS NOT A DANGEROUS CONDITION AND THAT THEY DID NOT HAVE CONSTRUCTIVE NOTICE OF THE WAY THE POOL WAS BUILT, THE LANDLORDS’ MOTION FOR SUMMARY JUDGMENT IN THIS DIVING ACCIDENT CASE SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

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

Suit Against Town by Representatives of Ambulance Personnel Killed in an Accident... 120-Day Time Limit for Bringing a Summary Judgment Motion Properly Extended...