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Matter of Cox-Waaiz v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 467 (N.Y. App. Div. 1998)

Opinion

March 9, 1998

Appeal from the Supreme Court, Kings County (Jackson, J.).


Ordered that the order is affirmed, with costs.

The petitioners failed to offer either a reasonable excuse for their failure to have served a timely notice of claim or evidence as to if and when the respondents acquired actual knowledge of the essential facts constituting their claims ( see, Matter of Alvarenga v. Finlay, 225 A.D.2d 617; Seif v. City of New York, 218 A.D.2d 595; Hilton v. Town of Richland, 216 A.D.2d 921; Matter of Lamper v. City of New York, 215 A.D.2d 484). Given these facts, and the prejudice inuring to the respondents from the delay, the Supreme Court did not improvidently exercise its discretion in denying the petitioners leave to serve a late notice of claim (see, General Municipal Law § 50-e; Matter of Carty v. City of New York, 228 A.D.2d 592; Pollicino v. New York City Tr. Auth., 225 A.D.2d 750; Steiger v. Board of Educ., 192 A.D.2d 517).

Rosenblatt, J. P., Miller, Ritter and Krausman, JJ., concur.


Summaries of

Matter of Cox-Waaiz v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 467 (N.Y. App. Div. 1998)
Case details for

Matter of Cox-Waaiz v. City of New York

Case Details

Full title:In the Matter of NONNA H. COX-WAAIZ et al., Appellants, v. CITY OF NEW…

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

Date published: Mar 9, 1998

Citations

248 A.D.2d 467 (N.Y. App. Div. 1998)
668 N.Y.S.2d 928