Matter of Montanez v. City of New York

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

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

Date published: Dec 12, 1989

156 A.D.2d 185 (N.Y. App. Div. 1989)

548 N.Y.S.2d 441

Opinion

December 12, 1989

Appeal from the Supreme Court, New York County (Eugene Nardelli, J.).

The court properly found that counsel's failure was not a satisfactory excuse "for the filing of a notice of claim more than nine months after the alleged incident". (See, Zarrello v City of New York, 93 A.D.2d 886 [2d Dept], affd 61 N.Y.2d 628.)

We also agree that petitioner's broken leg was not an incapacitation preventing the filing of a claim.

Further, we find that none of the other factors contained in section 50-e Gen. Mun. of the General Municipal Law which justify an extension of time is present in the instant case.

Concur — Murphy, P.J., Ross, Ellerin, Smith and Rubin, JJ.