You are here: / / THE REQUEST FOR LEAVE TO FILE A LATE NOTICE OF CLAIM IN THIS SIDEWALK SLIP...
,

THE REQUEST FOR LEAVE TO FILE A LATE NOTICE OF CLAIM IN THIS SIDEWALK SLIP AND FALL CASE SHOULD HAVE BEEN GRANTED; THE EXCUSE WAS INADEQUATE BUT THE CITY HAD TIMELY NOTICE OF THE NATURE OF THE CLAIM AND WAS NOT PREJUDICED BY THE DELAY (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff’s request for leave to file a late notice of claim in this sidewalk slip and fall case should have been granted. Although the excuse for filing late was not adequate, the city had timely knowledge of the nature of the claim:

The unusual occurrence report prepared and filed shortly after the petitioner’s accident provided the City with timely actual knowledge of the essential facts constituting the claim, since its specificity regarding the location and circumstances of the incident permitted the City to readily infer that a potentially actionable wrong had been committed … .

Moreover, the City’s acquisition of timely actual knowledge of the facts constituting the claim, along with the petitioner’s submission of evidence indicating that the conditions at the accident scene remained unchanged, satisfied the petitioner’s burden of presenting some evidence or plausible argument to support a finding of no substantial prejudice to the City in defending against the claim … . Matter of Catania v City of New York, 2020 NY Slip Op 06776, Second Dept 11-18-20

 

You might also like
Assault-Related Convictions Not Supported by the Weight of the Evidence/Prosecution Held to Erroneous Jury Instruction Which Was Not Challenged
CROSS MOTION TO COMPEL ACCEPTANCE OF A LATE ANSWER PROPERLY GRANTED (SECOND DEPT).
THE REMAINDER BENEFICIARIES’ ACTION ALLEGING THE EXECUTOR’S VIOLATION OF A STANDSTILL AGREEMENT, WHICH REQUIRED THE EXECUTOR TO KEEP THE FUNDS FROM THE SALE OF THE DECEASED’S BUSINESS IN A SEGREGATED ACCOUNT UNTIL THE DAUGHTERS’ REMAINDER INTERESTS WERE DETERMINED, DID NOT VIOLATE THE IN TERROREM CLAUSE OF THE WILL WHICH PROHIBITED THE DAUGHTERS FROM CONTESTING THE WILL, SURROGATE’S COURT REVERSED (SECOND DEPT).
UCC Four-Year Statute of Limitations Applied to Breach of Warranty Cause of Action​
Question Whether Loan At Issue Was a “Home Loan” Requiring a Settlement Conference, Hearing Ordered
DEFENDANT, AT THE PLEA PROCEEDINGS, WAS NOT INFORMED OF THE PERIOD OF POSTRELEASE SUPERVISION TO BE IMPOSED OR THE MAXIMUM WHICH COULD BE IMPOSED; GUILTY PLEA VACATED (SECOND DEPT).
Sudden and Frequent Stops In Traffic Must Be Anticipated by Drivers
LABOR LAW 200 CAUSE OF ACTION, PREMISED ON DEFENDANT’S AUTHORITY TO SUPERVISE OR CONTROL THE PERFORMANCE OF PLAINTIFF’S WORK, SHOULD NOT HAVE BEEN DISMISSED, LABOR LAW 240 (1) AND 241 (6) CAUSES OF ACTION PROPERLY DISMISSED (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

THE LANDLORD DID NOT HAVE NOTICE OF ANY PRIOR ROBBERIES OCCURRING IN THE BUILDING,... THE ARBITRATOR’S AWARD, REINSTATING NURSING HOME EMPLOYEES WHO WERE FIRED...