Matter of Adams v. City of New York

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

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

Date published: Dec 22, 1992

188 A.D.2d 414 (N.Y. App. Div. 1992)

Opinion

December 22, 1992

Appeal from the Supreme Court, New York County (Edward Greenfield, J.).

Leave to file a late notice of claim was properly denied in view of claimant's failure to offer a satisfactory excuse for failing to file until ten months after the incident on the concession that the City did not acquire actual knowledge of the claim in that period. The absence of notice deprived the City of the opportunity to investigate and to interview witnesses while their memory was fresh, resulting in prejudice.

Concur — Murphy, P.J., Milonas, Rosenberger, Kassal and Rubin, JJ.