You are here: / / PROCEDURE FOR DETERMINING WHETHER RESPONDENT HAS BEEN PREJUDICED BY PETITIONER’S...
,

PROCEDURE FOR DETERMINING WHETHER RESPONDENT HAS BEEN PREJUDICED BY PETITIONER’S FAILURE TO TIMELY FILE A NOTICE OF CLAIM CLARIFIED.

The Court of Appeals, in a full-fledged opinion by Judge DeFiore, reversing the appellate division, clarified the procedure for establishing a school district or municipal corporation has been prejudiced by a delay in filing a notice of claim for a tort action. Here a student was injured by a car in the vicinity of the respondent school. The school had been made aware of the location and nature of the accident. After the 90-day notice of claim period had passed, petitioner learned there had been a sign erected by the school that may have had a role in the accident. In denying the motion for leave to file a late notice, Supreme Court placed the burden entirely on the petitioner to demonstrate the school was not prejudiced by the delay. The Court of Appeals clarified the relative burdens of proof on that issue:

We hold that the burden initially rests on the petitioner to show that the late notice will not substantially prejudice the public corporation. Such a showing need not be extensive, but the petitioner must present some evidence or plausible argument that supports a finding of no substantial prejudice. * * *

The rule we endorse today — requiring a petitioner to make an initial showing that the public corporation will not be substantially prejudiced and then requiring the public corporation to rebut that showing with particularized evidence — strikes a fair balance. We recognize that a petitioner seeking to excuse the failure to timely comply with the notice requirement should have the initial burden to show that the public corporation will not be substantially prejudiced by the delay. The public corporation, however, is in the best position to know and demonstrate whether it has been substantially prejudiced by the late notice. Matter of Newcomb v Middle Country Cent. Sch. Dist., 2016 NY Slip Op 08581, CtApp 12-22-16

 

MUNICIPAL LAW (PROCEDURE FOR DETERMINING WHETHER RESPONDENT HAS BEEN PREJUDICED BY PETITIONER’S FAILURE TO TIMELY FILE A NOTICE OF CLAIM CLARIFIED)/EDUCATION-SCHOOL LAW (PROCEDURE FOR DETERMINING WHETHER RESPONDENT HAS BEEN PREJUDICED BY PETITIONER’S FAILURE TO TIMELY FILE A NOTICE OF CLAIM CLARIFIED)/NOTICE OF CLAIM (MUNICIPAL LAW, PROCEDURE FOR DETERMINING WHETHER RESPONDENT HAS BEEN PREJUDICED BY PETITIONER’S FAILURE TO TIMELY FILE A NOTICE OF CLAIM CLARIFIED)

You might also like
DEFENDANT, WHO WAS CHARGED WITH STRIKING A SMALL DOG WITH A BROOM HANDLE, WAS NOT ENTITLED TO THE “CHOICE OF EVILS” INSTRUCTION TO THE GRAND JURY; DEFENDANT ARGUED HE STRUCK THE DOG TO PREVENT A “GREATER EVIL,” I.E., AN INFECTION FROM A BITE; THE EVIDENCE DID NOT SUPPORT THE DEFENDANT’S ARGUMENT BECAUSE DEFENDANT TESTIFIED STRIKING THE DOG WAS AN ACCIDENT (CT APP).
PETITIONER NEED NOT CHALLENGE THE REAL PROPERTY TAX ASSESSMENT EVERY YEAR TO BE ENTITLED TO BUSINESS INVESTMENT EXEMPTION REFUNDS FOR THOSE YEARS.
Lease; Services Agreement Did Not Allow Building Owner to Recover for Condition of Property
WHERE THERE IS A FACTUAL DISPUTE ON A MATERIAL ISSUE WHICH MUST BE RESOLVED BEFORE THE COURT CAN DECIDE A LEGAL ISSUE, THE FACTUAL DISPUTE MUST BE RESOLVED IN A HEARING BEFORE THE COURT CAN DECIDE THE LEGAL ISSUE; WHETHER THE RECORD GIVES RISE TO A FACTUAL DISPUTE ON A MATERIAL ISSUE IS A QUESTION OF LAW (CT APP).
Failure to Request Adverse Inference Jury Instruction Re: Missing Material Evidence, Under the Facts, Did Not Constitute Ineffective Assistance of Counsel
BUILDINGS RECEIVING REAL PROPERTY TAX LAW 421-g BENEFITS ARE NOT SUBJECT TO THE LUXURY DEREGULATION PROVISIONS OF THE RENT STABILIZATION LAW (CT APP).
PLAIN LANGUAGE OF THE COLLECTIVE BARGAINING AGREEMENT LIMITED THE RIGHT TO DEMAND ARBITRATION TO THE UNION, NOT THE FIRED EMPLOYEE (CT APP).
THE PUBLIC SERVICES COMMISSION HAS THE AUTHORITY TO IMPOSE RATE CAPS AND OTHER RESTRICTIONS ON ENERGY SERVICE COMPANIES WHICH USE THE PUBLIC UTILITY INFRASTRUCTURE TO DELIVER ELECTRICITY TO CONSUMERS (CT APP).

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

UNVERIFIED CELL PHONE SUBSCRIBER INFORMATION IN A SPRINT BUSINESS RECORD WAS... CITY PROPERLY HELD LIABLE FOR ACCIDENT RELATED TO SPEEDING BECAUSE OF ITS FAILURE...