Nuamah v. City of New York

Full title: MICHAEL NUAMAH, Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: Dec 20, 2004

13 A.D.3d 502 (N.Y. App. Div. 2004)

786 N.Y.S.2d 312

Opinion

2004-06534.

December 20, 2004.

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated May 28, 2004, which denied his motion for leave to serve a late notice of claim.

Before: Ritter, J.P., Goldstein, Smith and Fisher, JJ., concur.

Ordered that the order is affirmed, with costs.

The denial of the plaintiff's motion for leave to serve a late notice of claim was a provident exercise of discretion ( see General Municipal Law § 50-e; Matter of Hicks v. City of New York, 8 AD3d 566; Matter of Camilleri v. County of Suffolk, 190 AD2d 669).