Matter of Diallo v. City of New York

Full title: In the Matter of ABDOULAYE DIALLO, Appellant, v. CITY OF NEW YORK…

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

Date published: Apr 13, 1998

249 A.D.2d 390 (N.Y. App. Div. 1998)

670 N.Y.S.2d 793

Opinion

April 13, 1998

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

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the application for leave to serve a late notice of claim, since the petitioner did not present an adequate excuse for his lengthy delay in presenting the claim, the respondent did not acquire actual notice of the claim through other sources, and the delay would substantially prejudice the respondent's ability to investigate and defend against the claim ( see, e.g., Matter of Carty v. City of New York, 228 A.D.2d 592; Matter of Fok v. City of New York, 224 A.D.2d 693; Matter of Rudisel v. City of New York, 217 A.D.2d 702).

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