Gaye v. City of New York

Full title: ALPHONSO GAYE, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Nov 21, 1988

144 A.D.2d 532 (N.Y. App. Div. 1988)

Opinion

November 21, 1988

Appeal from the Supreme Court, Queens County (Lerner, J.).

Ordered that the order is affirmed, with costs.

In view of the absence of any valid excuse for the petitioner's approximately 10-month delay in serving a notice of claim, coupled with the prejudice to the respondent city which would result if the application were granted, the Supreme Court acted properly in denying the petitioner's request to file a late notice of claim (see, Matter of Perry v. City of New York, 133 A.D.2d 692; Kravitz v. County of Rockland, 112 A.D.2d 352, affd 67 N.Y.2d 685). Mollen, P.J., Thompson, Brown and Eiber, JJ., concur.