Flynn v. City of Long Beach
| Decision Date | 09 May 1983 |
| Citation | 462 N.Y.S.2d 243,94 A.D.2d 713 |
| Parties | Edward B. FLYNN, Jr., Respondent, v. CITY OF LONG BEACH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Rivkin, Leff, Sherman & Radler, Garden City (John F. Morrison, Garden City, of counsel), for appellant.
Nathaniel M. Swergold, Cedarhurst, for respondent.
Before MOLLEN, P.J., and TITONE, WEINSTEIN and BRACKEN, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, defendant City of Long Beach appeals from an order of the Supreme Court, Nassau County, dated September 14, 1982, which granted plaintiff's application pursuant to subdivision 5 of section 50-e of the General Municipal Law for leave to file a late notice of claim.
Order affirmed, without costs or disbursements.
On July 21, 1981, at approximately 7:25 P.M., a motor vehicle operated by plaintiff struck a pole supporting traffic control signs located at the intersection of New York Avenue and Oceanview Street in Long Beach. The impact caused the pole to fracture, pierce the bottom of the vehicle and strike plaintiff. An accident report was prepared by appellant's police department on July 22, 1981, the day after the accident.
Plaintiff was rendered unconscious by the accident and was removed from the scene to Long Beach Memorial Hospital where he received emergency medical care for very serious and extensive injuries. On the same evening he was transferred to the Nassau County Medical Center where he was confined until August 24, 1981 with multiple frontal intracerebral hematomas, paralysis of the right upper extremity and both lower extremities, and lacerations of the neck. Following his discharge from the medical center on August 24, plaintiff was admitted on that same day to the Franklin General Hospital in Valley Stream. On October 12, 1981, plaintiff was transferred from the latter facility to the Rusk Institute. He returned to his home after his discharge from Rusk Institute on March 26, 1982, some eight months after the accident. Plaintiff continued his convalescence at home. The severe limitation in his physical movement has continued after his lengthy confinements in medical facilities. Plaintiff still requires the use of crutches and a walker and is still undergoing extensive physical and mental rehabilitation.
The plaintiff's application for leave to file a late notice of claim was commenced by order to show cause on July 13, 1982, slightly less than one year after the accident, and three months and 18 days after he returned home from Rusk Institute. According to plaintiff's affidavit in support of his motion, he was unable to comply with provisions of section 50-e of the General Municipal Law...
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Caselli v. City of New York
...that other factors in addition to the mere existence of an accident or aided report were present. For example, in Flynn v. City of Long Beach, 94 A.D.2d 713, 462 N.Y.S.2d 243, plaintiff was injured when his car struck a pole. A police report regarding the accident was prepared the next day.......
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...181 A.D.2d 890, 891, 581 N.Y.S.2d 425 ; Caselli v. City of New York, 105 A.D.2d 251, 256, 483 N.Y.S.2d 401 ; Flynn v. City of Long Beach, 94 A.D.2d 713, 462 N.Y.S.2d 243 ). Inasmuch as the County acquired timely, actual knowledge of the essential facts of the claim and actually conducted an......
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