Alexander v. City of New York, 2589N.
| Decision Date | 23 December 2003 |
| Docket Number | 2589N. |
| Citation | 2003 NY Slip Op 19825,2 A.D.3d 332,769 N.Y.S.2d 267 |
| Parties | BERT ALEXANDER, Appellant, v. CITY OF NEW YORK et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Petitioner failed to demonstrate reasonable excuse for the delay in filing a timely notice of claim, failed to establish that respondents had notice of the facts constituting his claim within 90 days or a reasonable time thereafter, and failed to show that respondents will not be substantially prejudiced in their ability to investigate this matter and defend the claim on the merits (Matter of Dubowy v City of New York, 305 AD2d 320 [2003]). His excuse for the delay—that he was awaiting an accident report—was unreasonable, inasmuch as he had all the information necessary to file a timely notice. Contrary to petitioner's contention, the facts upon which liability is predicated were not discernible from the workers' compensation report allegedly filed with the City by petitioner's employer (see Matter of McLoughlin v City of New York, 178 AD2d 193, 194 [1991]). Moreover, substantial passage of time since February 2001 has prejudiced respondents' ability to investigate the alleged defects in the ladder or to collect testimony from witnesses whose memories are fresh.
To continue reading
Request your trial
-
Townson v. N.Y.C. Health & Hosps. Corp.
...requests for medical records that were needed to demonstrate the claim] ).The dissent's reliance upon Alexander v. City of New York, 2 A.D.3d 332, 769 N.Y.S.2d 267 [1st Dept. 2003] ) and Potts v. City of N.Y. Health & Hosps. Corp., 270 A.D.2d 129, 706 N.Y.S.2d 622 [1st Dept. 2000] ) is misp......
-
N.J. Mfrs. Ins. Co. v. City of N.Y., Index No. 154174/2013
...to file a timely Notice of Claim ( see Jenkins v. New York City Housing Auth., 29 A.D.3d 319[lst Dept. 2006]; Alexander v. City of New York, 2 A.D.3d 332 [1st Dept. 2003]). In consideration of this, the Court rejects petitioner's argument that the filing of an accident report provided adequ......
-
Rodriguez v. City of N.Y.
...who was present during the incident and collect testimony from witnesses whose memories were fresh (see Alexander v. City of New York , 2 A.D.3d 332, 769 N.Y.S.2d 267 [1st Dept. 2003] ). The fact that petitioner twice spoke with an employee of the Department of Correction about the incident......
-
Strohmeier v. Metro. Transp. Auth., 13271N, 157598/12.
...Matter of Brennan v. Metropolitan Transp. Auth., 110 A.D.3d 437, 437, 972 N.Y.S.2d 238 [1st Dept.2013] ; Alexander v. City of New York, 2 A.D.3d 332, 769 N.Y.S.2d 267 [1st Dept.2003] ; and see Matter of Casale v. City of New York, 95 A.D.3d 744, 745, 945 N.Y.S.2d 92 [1st Dept.2012] ). Since......