Guity v. City of New York

Full title: SELSO GUITY et al., Appellants, v. CITY OF NEW YORK, Respondent

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

Date published: Mar 23, 1993

191 A.D.2d 352 (N.Y. App. Div. 1993)

595 N.Y.S.2d 758

Opinion

March 23, 1993

Appeal from the Supreme Court, Bronx County (Lewis R. Friedman, J.).

Denial of the application was a proper exercise of discretion in the absence of a showing that respondent acquired actual knowledge of the facts constituting the claim within 90 days after it arose, or a reasonable time thereafter given the absence of a valid excuse for the eight month delay in filing the notice of claim (see, Matter of Perez v. New York City Hous. Auth., 156 A.D.2d 177).

Concur — Ellerin, J.P., Wallach, Kupferman and Asch, JJ.