Matter of Ertel v. Town of Amherst

Full title: MATTER OF BRUCE ERTEL AND SUSAN ERTEL, CLAIMANTS-APPELLANTS, v. TOWN OF…

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

Date published: Dec 30, 1999

267 A.D.2d 1024 (N.Y. App. Div. 1999)

700 N.Y.S.2d 903

Opinion

December 30, 1999

Appeal from Order of Supreme Court, Erie County, Burns, J. — Notice of Claim.

Order unanimously affirmed without costs.

PRESENT: GREEN, J. P., LAWTON, PIGOTT, JR., SCUDDER AND CALLAHAN, JJ.

Memorandum:

Supreme Court did not abuse its discretion in denying claimants' motion to file a late notice of claim. Claimants failed to establish that respondent had "notice or knowledge of the specific claim and not general knowledge that a wrong has been committed" ( Matter of Sica v. Board of Educ., 226 A.D.2d 542, 543; see, Matter of Morrison v. New York City Health Hosps. Corp., 244 A.D.2d 487, 488). Moreover, claimants failed to demonstrate a reasonable excuse for their failure to file a timely notice of claim ( see, Winter v. City of Geneva, 203 A.D.2d 939).