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Matter of Gutman v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1996
225 A.D.2d 623 (N.Y. App. Div. 1996)

Opinion

March 11, 1996

Appeal from the Supreme Court, Nassau County (Adams, J.).


Ordered that the order is affirmed, with costs.

The petitioner was allegedly injured when she slipped and fell on ice while walking in a parking lot in the Muttontown Preserve. She concededly failed to serve a timely notice of claim upon the County of Nassau (see, General Municipal Law § 50-e). Accordingly, she commenced this proceeding for leave to serve a late notice of claim. However, in view of, inter alia, the inadequate excuse proffered by the petitioner for her delay in filing a notice of claim and the amount of time that elapsed between the expiration of the 90-day limit of General Municipal Law § 50-e and the point at which the County of Nassau received actual notice of the essential facts of the petitioner's claim, the Supreme Court did not improvidently exercise its discretion in denying leave to serve a late notice of claim (see, General Municipal Law § 50-e; Matter of Strauss v New York City Tr. Auth., 195 A.D.2d 322; Matter of Townsend v New York City Hous. Auth., 194 A.D.2d 795; Carbone v Town of Brookhaven, 176 A.D.2d 778; Matter of Perry v City of New York, 133 A.D.2d 692). Rosenblatt, J.P., Ritter, Copertino and Goldstein, JJ., concur.


Summaries of

Matter of Gutman v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1996
225 A.D.2d 623 (N.Y. App. Div. 1996)
Case details for

Matter of Gutman v. County of Nassau

Case Details

Full title:In the Matter of JACKI B. GUTMAN, Appellant, v. COUNTY OF NASSAU…

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

Date published: Mar 11, 1996

Citations

225 A.D.2d 623 (N.Y. App. Div. 1996)
639 N.Y.S.2d 109