Matter of Garber v. City of New York

Full title: In the Matter of ARNOLD GARBER, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Dec 18, 1995

222 A.D.2d 588 (N.Y. App. Div. 1995)

636 N.Y.S.2d 640

Opinion

December 18, 1995

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

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the petitioner failed to demonstrate that he had a reasonable excuse for failing to timely serve a notice of claim. Additionally, we find that under the circumstances of this case the municipality did not acquire actual knowledge of the essential facts constituting the claim within the statutory period or a reasonable time thereafter.

Therefore, we cannot say that the Supreme Court acted improvidently in denying the petitioner's application for leave to serve a late notice of claim ( see, Matter of Buddenhagen v Town of Brookhaven, 212 A.D.2d 605, quoting Matter of Sosa v City of New York, 206 A.D.2d 374). Ritter, J.P., Altman, Friedmann and Florio, JJ., concur.