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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Isereau v. Brushton-Moira School District

This case concerns consolidated appeals from Supreme Court orders granting petitioners Darrell Isereau and Jason K. Houghton leave to file late notices of claim against Brushton-Moira School District. The petitioners, employees of Bette & Cring, LLC, were injured in a construction accident in August 2002, sustaining falls of approximately 15 feet. They sought to file late notices of claim based on alleged incapacitation and the District's actual knowledge of the accident. The respondent District argued prejudice due to late notice and a subsequent insurance disclaimer. The Appellate Division affirmed the Supreme Court's orders, finding no abuse of discretion as the District had actual notice of the essential facts, and the insurance disclaimer was attributed to the District Superintendent's failure, not the petitioners' delay.

Late Notice of ClaimGeneral Municipal LawLabor Law ViolationsPersonal InjurySchool District LiabilityConstruction AccidentFall AccidentActual KnowledgePrejudiceInsurance Disclaimer
References
5
Case No. MISSING
Regular Panel Decision

Acevedo v. City of New York

Petitioners, 110 New York City firefighters involved in World Trade Center rescue efforts after 9/11, sought permission to file late notices of claim under General Municipal Law § 50-e due to toxin exposure and subsequent respiratory illnesses. The City of New York objected, citing improper joinder of claims and lack of reasonable excuse or actual notice. The court found that common questions of law and fact allowed for joinder of the claims. Furthermore, the court determined that the City had actual knowledge of the essential facts surrounding the claims due to public awareness, extensive investigations, and internal Fire Department medical examinations, thus suffering no prejudice from the delayed filing. Consequently, the petition was granted, allowing the firefighters to serve and file their late notices of claim.

World Trade Center9/11FirefightersLate Notice of ClaimGeneral Municipal LawRespiratory IllnessToxic ExposureJoinder of ClaimsActual NoticePrejudice
References
20
Case No. MISSING
Regular Panel Decision

O'Halloran v. City of New York

The petitioner, a police officer, sought permission to file a late notice of claim against the City of New York for injuries sustained from toxic substance exposure during World Trade Center rescue and recovery operations. The court evaluated the reasonableness of the petitioner's delay in filing, the City's actual knowledge of the claim, and any potential prejudice to the City. It was determined that the petitioner had a reasonable excuse for the delay, attributed to the gradual manifestation of symptoms, and that the City possessed sufficient actual knowledge due to the widespread awareness of WTC-related health issues. Furthermore, the court found no prejudice to the City's ability to investigate the claim. Consequently, the petition was granted, and the notice of claim was deemed timely filed.

World Trade CenterToxic ExposureLate Notice of ClaimGeneral Municipal LawPolice OfficerRespiratory Illness9/11Municipal LiabilitySpecial ProceedingInjury Claim
References
5
Case No. MISSING
Regular Panel Decision
Nov 25, 1997

Mark v. Board of Education

The Supreme Court, Kings County, denied the petitioners' application for leave to serve a late notice of claim, an order which was subsequently affirmed on appeal. The appellate court found no improvident exercise of discretion in the denial. The petitioners failed to provide a legally acceptable excuse for their almost six-month delay beyond the 90-day statutorily-prescribed period. Additionally, the petitioners did not provide the respondents with actual notice of the essential facts of the claim within the required timeframe. The court noted that the conditions at the accident scene changed to the prejudice of the respondents, preventing their own investigation, and the ladder involved was allegedly discarded immediately after the incident. Filing a Workers’ Compensation claim was also deemed insufficient to satisfy the notice requirements of General Municipal Law § 50-e.

late notice of claimjudicial discretionactual noticeprejudice to respondentchanged conditionsWorkers’ Compensation claimappellate reviewstatutory periodKings Countymunicipal liability
References
8
Case No. MISSING
Regular Panel Decision

In Re Thomson McKinnon Securities, Inc.

The Chapter 11 debtor, Thomson McKinnon Securities, Inc., moved to disallow James E. Parks' claim, arguing it was filed after the court-ordered bar date of October 30, 1990. Parks, a former customer, did not receive actual notice of the bar date, although the debtor was aware of his potential claim through letters from Legal Services. The court found that due process requires actual notice for known creditors and determined that the debtor had actual notice of Parks' asserted claim. Therefore, the court concluded that Parks was entitled to actual notice, which he did not receive, and granted an extension for his claim. Parks' proof of claim, filed on May 17, 1993, was deemed timely, and the debtor's motion to expunge was denied.

Bankruptcy LawProof of ClaimBar DateExcusable NeglectActual NoticeConstructive NoticeDue ProcessCreditors' RightsChapter 11Debtor in Possession
References
3
Case No. MISSING
Regular Panel Decision

Matter of Corwin v. City of New York

Ronald Corwin was injured in a Citi Bike accident due to an unpainted concrete wheel stop. He initially filed a notice of claim alleging the City's negligence in installing and maintaining the wheel stop. Later, he sought to amend his claim to include a 'design claim' (negligent infrastructure design) and a 'helmet claim' (negligent failure to provide helmets system-wide). The motion court denied the amendment. On appeal, the majority of the court denied the motion to amend but granted leave to file a late notice for both the design and helmet claims. Judge Andrias dissents in part, agreeing with the denial of the amendment and the granting of the design claim, but arguing that the helmet claim should not be granted due to lack of reasonable excuse for delay and the City's lack of actual prior notice.

Notice of ClaimGeneral Municipal LawLate Notice of ClaimAmendment of ClaimNegligenceDesign ClaimHelmet ClaimPersonal InjuryBicycle AccidentActual Notice
References
23
Case No. MISSING
Regular Panel Decision

Colarossi v. City of New York

The Supreme Court, New York County, initially granted the plaintiff's motion for leave to serve a late notice of claim. However, this decision was unanimously reversed on appeal, and the motion was subsequently denied. The appellate court determined that the plaintiff's reliance on law office failure did not constitute a reasonable excuse for the delay in serving the notice of claim. Additionally, the plaintiff failed to establish that the City had actual notice of the essential facts within the mandated 90-day period or a reasonable time thereafter, as a Workers’ Compensation Board C-3 form provided by the employer did not link the incident to any claim against the City. Furthermore, the court noted that the plaintiff did not demonstrate that the City remained unprejudiced by the significant delay, particularly given the transitory nature of the alleged defective condition.

Late Notice of ClaimLaw Office FailureActual NoticePrejudiceWorkers' Compensation Board FormC-3 FormMunicipal LiabilityAppellate ReviewDiscretionary RulingReversal
References
5
Case No. 01-17-00919-CV
Regular Panel Decision
Jul 19, 2018

Texas Department of Transportation v. James Ricky Tarver

The Texas Department of Transportation (TxDOT) appealed the denial of its plea to the jurisdiction and motions for summary judgment in a case brought by James "Ricky" Tarver. Tarver alleged TxDOT negligently failed to maintain a streetlight, causing his vehicle to collide with a dirt embankment and resulting in injuries. TxDOT argued that Tarver failed to provide timely pre-suit notice as required by the Texas Tort Claims Act (TTCA) and that TxDOT lacked actual notice of the claim. Tarver countered that a DPS officer's crash report, which noted a burned-out streetlight, constituted actual notice to TxDOT. However, the appellate court ruled that notice to one governmental unit, such as the Texas Department of Public Safety (DPS), cannot be imputed as actual notice to another separate governmental unit, like TxDOT, under the TTCA unless an agency relationship with a duty to report alleged fault is established. Consequently, the court found that Tarver failed to satisfy the jurisdictional notice requirements for waiving sovereign immunity. The trial court's judgment was reversed, and Tarver's claim against TxDOT was dismissed for lack of jurisdiction.

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActActual NoticePre-suit NoticeJurisdictionPlea to the JurisdictionSummary JudgmentNegligenceStreetlight Maintenance
References
20
Case No. 03-04-00034-CV
Regular Panel Decision
Dec 02, 2004

City of Austin v. Francisco Lamas

Francisco Lamas was a passenger on a Capital Metropolitan Transportation Authority bus in Austin and sustained injuries when the bus driver failed to observe a stop sign, allegedly obscured by foliage. Lamas filed a personal injury lawsuit against the City of Austin. The City asserted sovereign immunity under the Texas Tort Claims Act, arguing it required actual notice of the stop sign's condition to waive immunity and that such notice was absent. The district court denied the City's plea to the jurisdiction, leading to this interlocutory appeal. The appellate court examined the meaning of 'notice' in Tex. Civ. Prac. & Rem. Code Ann. § 101.060(a)(2), distinguishing it from the 'actual notice' requirement in subsection (a)(3), and concluded that subsection (a)(2) does not mandate actual notice. Consequently, the court affirmed the district court's denial of the City’s plea to the jurisdiction.

Sovereign ImmunityTort Claims ActStop Sign ObstructionGovernmental LiabilityActual NoticeConstructive NoticePremises DefectsInterlocutory AppealJudicial ReviewStatutory Interpretation
References
26
Case No. MISSING
Regular Panel Decision

Berner v. Town of Huntington

The court addressed the defendant's motion to reargue a previously denied summary judgment motion. The original denial stemmed from the court's finding that an exception to the prior written notice requirement for municipalities applied, as the defendant, Town of Huntington, had actual knowledge of a defective curb, had inspected it, and had slated it for repair. The defendant contended that recent Court of Appeals precedent, particularly Amabile v City of Buffalo, abrogated this 'actual notice and inspection' exception. However, the court distinguished Amabile by noting it concerned constructive notice and reaffirmed the vitality of the narrow exception for actual notice coupled with inspection. The court emphasized that the policy behind written notice laws is not to shield municipalities from liability for known and unaddressed defects, especially when a property owner has vigilantly reported the issue. Consequently, the court granted reargument but upheld its initial decision, allowing the plaintiff's claim to proceed.

Prior Written NoticeMunicipal LiabilityActual Notice ExceptionSummary JudgmentReargument MotionCurb DefectHighway LawTown LawGeneral Municipal LawSpecial Duty
References
25
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