Opinion
May 31, 1967
Appeal from an order of the Court of Claims granting claimant's motion for leave to file a late notice of claim (Court of Claims Act, § 10, subd. 5). On May 16, 1965 claimant was allegedly injured when she fell at Pilgrim State Hospital. Within a week of the accident claimant contacted an attorney and related the facts of the accident to him but he apparently did nothing to pursue the claim. Almost one year after the accident claimant engaged another attorney who, after contacting the original attorney and finding that he had not filed either a notice of claim or a claim, brought the instant motion. Appellant admits knowledge of the accident but urges that nevertheless the late filing should not be allowed because claimant has not produced a reasonable excuse for the failure to file within the prescribed 90 days as required by subdivision 3 of section 10. It is abundantly evident that the failure to file within the prescribed period was due to the inaction of the attorney claimant originally contacted, and claimant's ignorance of the requirements of subdivision 3 of section 10. Clearly such reasons alone do not constitute a reasonable excuse for failure to file (e.g., Society of N Y Hosp. v. State of New York, 21 A.D.2d 733; Landry v. State of New York, 1 A.D.2d 934, affd. 2 N.Y.2d 927; Travelers Fire Ins. Co. v. State of New York, 275 App. Div. 737; Schroeder v. State of New York, 252 App. Div. 16; Blatt v. State of New York, 19 Misc.2d 3; Hotchkiss v. State of New York, 206 Misc. 852; Williams v. State of New York, 175 Misc. 972). Moreover, the physical injuries sustained by claimant do not here provide a satisfactory excuse (cf., Stabile v. State of New York, 12 A.D.2d 698; Bloom v. State of New York, 5 A.D.2d 930; Rugg v. State of New York, 278 App. Div. 216), nor do we find Matter of Conti v. State of New York ( 277 App. Div. 955) controlling. Therefore, we find no reasonable excuse advanced for the delay here involved and, accordingly, the order must be reversed and the motion denied. Order reversed, on the law and the facts and in the exercise of discretion, and motion denied, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Reynolds, J.