Alper v. City of New York

Full title: DEXTER ALPER et al., Appellants, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 27, 1996

228 A.D.2d 390 (N.Y. App. Div. 1996)

644 N.Y.S.2d 623

Opinion

June 27, 1996

Appeal from the Supreme Court, New York County (Fern Fisher-Brandveen, J.).

Petitioners' claim that they were ignorant of the law is not a valid excuse for failure to serve a notice of claim timely ( Matter of Tricomi v. New York City Hous. Auth., 191 A.D.2d 447). Renewal on the basis of the different excuse that an alleged confrontation between one of the petitioners and a City employee caused the former to delay commencement of legal proceedings out of fear of retaliation by the latter was properly denied on the ground that the new facts were known at the time of the original application.

Concur — Milonas, J.P., Ellerin, Kupferman, Tom and Mazzarelli, JJ.