You are here: / / ALTHOUGH THE EXCUSE WAS INADEQUATE, THE CITY HAD ACTUAL NOTICE OF THE HOLE...
,

ALTHOUGH THE EXCUSE WAS INADEQUATE, THE CITY HAD ACTUAL NOTICE OF THE HOLE PETITIONER STEPPED IN AND DELAY IN FILING THE NOTICE OF CLAIM DID NOT PREJUDICE THE CITY, PETITIONER’S MOTION FOR LEAVE TO FILE A LATE NOTICE OF CLAIM SHOULD HAVE BEEN GRANTED (FIRST DEPT).

The First Department, reversing Supreme Court, determined petitioner’s motion for leave to file a late notice of claim in this slip and fall case should have been granted. Although the excuse was inadequate, the city had actual notice and was not prejudiced by the delay:

Petitioner’s assertion that he was unaware of the requirement that he file a notice of claim within 90 days of his accident is not a reasonable excuse for failing to file a timely notice … . His contention that his injuries prevented him from timely filing a notice of claim is not an acceptable excuse, because he failed to provide any medical documentation to support his claimed incapacity … . Notwithstanding, his failure to establish a reasonable excuse for not timely filing a notice of claim is not fatal … .

The City obtained actual notice of the accident within a reasonable time after the 90-day period expired … . It does not contest petitioner’s assertion that the condition of the hole remained unchanged at the time he sought leave … . Although petitioner does not address whether anyone saw the accident, the bare claim that the delay would make it difficult for the City to locate witnesses is insufficient to establish prejudice … . Matter of Montero v City of New York, 2019 NY Slip Op 07732, First Dept 10-29-19

 

You might also like
Partial Payment of Monthly Bills Supported Account Stated Cause of Action
COMPLAINT ALLEGING BREACH OF A JOINT VENTURE AGREEMENT SHOULD HAVE BEEN DISMISSED, TWO ESSENTIAL ELEMENTS OF A JOINT VENTURE, SHARING COSTS AND CONTROL, WERE ABSENT (FIRST DEPT).
ALTHOUGH CPLR 2104 DOES NOT APPLY TO STIPULATIONS IN ADMINISTRATIVE PROCEEDINGS, THE STIPULATION SIGNED BY PLAINTIFF, IN WHICH HE AGREED TO RETIRE IN RETURN FOR THE CESSATION OF DISCIPLINARY PROCEEDINGS, WAS ENFORCEABLE UNDER CONTRACT PRINCIPLES DESPITE PLAINTIFF’S SUBSEQUENT CHANGE OF HEART (FIRST DEPT).
PURSUANT TO THE HOUSING STABILITY AND TENANT PROTECTION ACT (HSTPA) AND NEW YORK CITY’S RENT STABILIZATION LAW (RSL), THE TENANT WAS ENTITLED TO BUT WAS NEVER OFFERED A RENEWAL LEASE UNDER THE TERMS OF THE PRIOR LEASE SIGNED BY HIS GRANDMOTHER; THE LANDLORD’S HOLDOVER AND EVICTION PETITION SHOULD HAVE BEEN DISMISSED (FIRST DEPT).
Heightened Pleading Requirements for Fraud Not Met
CROSS-EXAMINATION OF A POLICE OFFICER ABOUT A CIVIL LAWSUIT SHOULD HAVE BEEN ALLOWED; CONVICTION REVERSED (FIRST DEPT).
THERE WAS NO PROOF THE ORDER TO SHOW CAUSE WAS ACTUALLY DELIVERED TO THE INCARCERATED DEFENDANT; DEFAULT JUDGMENT VACATED (FIRST DEPT).
JUDGE SHOULD NOT HAVE, SUA SPONTE, DISMISSED THE COMPLAINT AND VACATED THE DEFAULT JUDGMENT, ALTHOUGH A SUA SPONTE ORDER IS NOT APPEALABLE AS OF RIGHT, THE NOTICE OF APPEAL WAS DEEMED A MOTION FOR LEAVE TO APPEAL (FIRST 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

RES IPSA LOQUITUR DOCTRINE MAY APPLY IN THIS ELEVATOR MALFUNCTION CASE (FIRST... THE TRIAL COURT PROPERLY PRECLUDED DEFENDANTS FROM CALLING PLAINTIFF’S...