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Rodriguez v. New York City Board of Educ

Appellate Division of the Supreme Court of New York, First Department
Feb 11, 1993
190 A.D.2d 579 (N.Y. App. Div. 1993)

Opinion

February 11, 1993

Appeal from the Supreme Court, Bronx County (Lewis Friedman, J.).


The petitioner slipped from a chair while working at P.S. 32 in the Bronx on January 3, 1991. The petitioner completed a Comprehensive Accident Report and an Employee's Notice of Injury Report that day. On July 8, 1991, the petitioner filed a notice of claim, which the respondent disallowed as untimely. The IAS Court thereafter denied the petitioner's motion to file a late notice of claim. We agree.

While General Municipal Law § 50-e and Education Law § 3813 permit, on a proper showing, the filing of a late notice of claim, petitioner failed to proffer a reasonable excuse for the delay, and also failed to show that respondent had actual notice of the facts surrounding the accident, in particular the basis of the claim of negligence against it (see, Matter of Green v New York City Hous. Auth., 180 A.D.2d 586).

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Rubin, JJ.


Summaries of

Rodriguez v. New York City Board of Educ

Appellate Division of the Supreme Court of New York, First Department
Feb 11, 1993
190 A.D.2d 579 (N.Y. App. Div. 1993)
Case details for

Rodriguez v. New York City Board of Educ

Case Details

Full title:MARGARITA RODRIGUEZ, Appellant, v. NEW YORK CITY BOARD OF EDUCATION et…

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

Date published: Feb 11, 1993

Citations

190 A.D.2d 579 (N.Y. App. Div. 1993)

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