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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
Sep 27, 1990

Bruce Coopersmith v. County of Greene

Petitioner appealed the Supreme Court's denial of their application to serve a late notice of claim against the respondent, nearly a year after an accident. The appellate court noted that the respondent did not have actual notice of the claim until the motion was made. The petitioner's stated reasons for the delay, which included a belief that workers' compensation was the exclusive remedy and a lack of knowledge regarding the respondent's ownership of the premises, were deemed insufficient to excuse the delay. The Supreme Court's denial of the motion was affirmed, with the appellate court finding no abuse of discretion.

Late Notice of ClaimGeneral Municipal LawWorkers' CompensationAbuse of DiscretionAppellate ReviewMunicipal LiabilityTimelinessActual Notice
References
4
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

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

Boakye-Yiadom v. Roosevelt Union Free School District

The plaintiff appealed the Supreme Court's denial of three motions: leave to reargue/renew opposition to dismissal, leave to serve a late notice of claim, and leave to amend the complaint. The appellate court dismissed the appeal concerning the motion to reargue, citing non-appealability. It affirmed the denial of the motion to renew, finding the plaintiff failed to justify the delay in presenting new facts. The court also affirmed the denial of the motion for a late notice of claim due to lack of timely service. Consequently, the denial of the motion to amend the complaint was also affirmed, as proposed amendments would be without merit given the untimely notice of claim.

AppealMotion PracticeReargumentRenewalLate Notice of ClaimAmendment of PleadingsCPLREducation LawGeneral Municipal LawProcedural Dismissal
References
11
Case No. MISSING
Regular Panel Decision

Brito v. City of New York

The petitioner appealed an order denying leave to serve a late notice of claim. The Supreme Court's denial was affirmed on appeal because the petitioner's excuses for the nine-month delay (belief in Workers' Compensation as sole remedy and unawareness of other recovery options) were deemed insufficient. Additionally, the petitioner failed to demonstrate that the respondents had timely knowledge of the accident, which are crucial factors in evaluating late notice of claim applications. The appellate court found no improvidence in the lower court's decision.

Late Notice of ClaimGeneral Municipal LawActual KnowledgeReasonable ExcusePrejudiceWorkers' CompensationAppellate ReviewDenial of ApplicationSupreme CourtKings County
References
2
Case No. MISSING
Regular Panel Decision

Peterson v. New York City Housing Authority

The petitioner, a diabetic, sought leave to serve a late notice of claim after sustaining an injury from a metal wire allegedly left by the respondent's workers. The incident occurred in February 1990, following repairs in late 1989. The petitioner sought medical attention and was hospitalized. The Supreme Court, Kings County, denied the application to serve a late notice of claim. The appellate court affirmed this denial, citing substantial prejudice to the respondent due to lack of timely knowledge regarding the alleged negligence and injury.

Late Notice of ClaimGeneral Municipal LawPrejudiceTimely NoticeAppellate ReviewPersonal InjuryMedical TreatmentDenied ApplicationKings CountySubstantial Prejudice
References
4
Case No. MISSING
Regular Panel Decision
Oct 18, 1990

Skelton v. City of New York

The petitioner, a dietary aide employed by the New York City Health and Hospitals Corporation (HHC) at North Central Bronx Hospital (NCB), sought leave to file a late notice of claim after an alleged slip and fall injury in the locker room. The Supreme Court, Bronx County, denied the petitioner's motion. The appellate court unanimously affirmed this denial, ruling that the City of New York, a named defendant, had no control over HHC, which is a separate and distinct statutory entity. Therefore, the City could not be deemed to have actual notice of the accident through workers' compensation claim forms supplied to HHC.

Late Notice of ClaimGeneral Municipal LawNew York City Health and Hospitals CorporationGovernmental ImmunitySeparate Legal EntityWorkers' Compensation ClaimSlip and FallBronx County Supreme CourtAppellate DivisionActual Notice
References
2
Case No. MISSING
Regular Panel Decision
Nov 26, 2002

Alexander v. City of New York

The Supreme Court, Bronx County, affirmed the denial of the petitioner's application for leave to file a late notice of claim. The petitioner failed to provide a reasonable excuse for the delay, did not establish that the respondents had timely notice of the facts, and could not show that the respondents would not be substantially prejudiced. The excuse of awaiting an accident report was deemed unreasonable as the petitioner already possessed necessary information. Furthermore, the workers' compensation report allegedly filed by the employer did not adequately disclose the basis for liability. The substantial passage of time since February 2001 prejudiced the respondents' ability to investigate alleged ladder defects and collect witness testimony.

late notice of claimreasonable excuseprejudiceworkers' compensation reportaccident reportSupreme Courtdenial of applicationfailure to demonstrate noticeinvestigation impairmentwitness testimony
References
2
Case No. MISSING
Regular Panel Decision
Jan 27, 2012

Brennan v. Metropolitan Transportation Authority

The Supreme Court, New York County, affirmed the denial of petitioners' motion to file a late notice of claim. The court found that petitioners' ignorance of General Municipal Law § 50-e was not a reasonable excuse for the delay. Furthermore, petitioners failed to prove that the delay was due to Michael Brennan's injuries or that respondents had actual knowledge of the claim. The provided workers' compensation documents were insufficient to establish respondents' negligence or vicarious liability. Finally, the court noted that changed conditions at the accident scene would prejudice the respondents, further supporting the denial.

Late notice of claimGeneral Municipal Law § 50-eReasonable excuseActual knowledgePrejudiceWorkers' compensation claimVicarious liabilitySupreme CourtAffirmedMotion denied
References
3
Case No. MISSING
Regular Panel Decision

Jensen v. City of Saratoga Springs

This case is an appeal regarding the denial of an application for leave to serve a late notice of claim. The petitioner was injured in a fall on ice and snow in Saratoga Springs and sought to file a late claim against the city. The Supreme Court denied the application, and the appellate court affirmed this decision. The court found no abuse of discretion, citing the attorney's mistaken assumption of liability, lack of proof of petitioner's incapacitation, and the city's insufficient actual notice of the claim due to a vague location description. Therefore, the order denying the application was affirmed.

Late notice of claimGeneral Municipal Law § 50-eAbuse of discretionActual knowledge requirementLaw office failureIncapacitation defenseSidewalk fall liabilityMunicipal negligencePersonal injurySufficiency of notice
References
11
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