Matter of Hernandez v. City of New York

Full title: In the Matter of JACOBO HERNANDEZ, Appellant, v. CITY OF NEW YORK…

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

Date published: Mar 29, 1999

259 A.D.2d 751 (N.Y. App. Div. 1999)

687 N.Y.S.2d 404

Opinion

March 29, 1999

Appeal from the order of the Supreme Court, Kings County (R. Goldberg, J.).

Ordered that the order is affirmed, with costs.

The petitioner's contention that he was unaware of the requirements of General Municipal Law § 50-e is not a reasonable excuse for the failure to serve a timely notice of claim ( see, Matter of Gaffney v. Town of Hempstead, 226 A.D.2d 721). The petitioner also failed to prove that the respondent, City of New York, acquired actual knowledge of the essential facts constituting the claim within the 90-day period prescribed by statute or within a reasonable time thereafter (General Municipal Law § 50-e; see, Kalenda v. Buffalo Mun. Hous. Auth., 203 A.D.2d 937). Under these circumstances, the Supreme Court did not improvidently exercise its discretion by denying the application for leave to serve a late notice of claim.

The petitioner's remaining contentions are without merit.

S. Miller, J. P., Santucci, Friedmann and Florio, JJ., concur.