Gamoneda v. New York City Board of Education
| Decision Date | 16 March 1999 |
| Citation | 259 A.D.2d 348,687 N.Y.S.2d 46 |
| Parties | LETICIA GAMONEDA, Respondent,<BR>v.<BR>NEW YORK CITY BOARD OF EDUCATION et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Concur €” Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.
Since defendants were in receipt of an accident report and an aided report, which indicated that there were no witnesses to the accident, filled out by the police officer who responded to the accident scene, they had, from the outset, notice of the facts upon which plaintiff's claim is premised (see, Matter of Cicio v City of New York, 98 AD2d 38, 39-40). Thus, the motion court properly deemed plaintiff's late notices of claim timely served nunc pro tunc. Defendants' claim that they were prejudiced by plaintiff's delay is additionally and significantly undermined by the circumstance that the icy condition to which plaintiff attributes her injury was highly transitory and would not have remained for defendants' investigation even if plaintiff's notices had been timely filed, i.e., within 90 days of the accident (see, Matter of Strauss v New York City Tr. Auth., 195 AD2d 322).
To continue reading
Request your trial
-
Cuda v. Rotterdam-Mohonasen Sch. Dist., ROTTERDAM-MOHONASEN
...881, 883; Matter of Gizzi v City of Troy, 210 A.D.2d 644; compare, Matter of Lacey v Village of Lake Placid, supra; Gamoneda v New York City Bd. of Educ., 259 A.D.2d 348; Matter of Lopez v New York City Hous. Auth., 225 A.D.2d 492; Raizner v City of New York, 174 A.D.2d 423, 424). Under the......
-
Sosa v. City of N.Y.
...v. New York Convention Ctr. Operating Corp., 47 A.D.3d 526, 849 N.Y.S.2d 261 [1st Dept.2008] ; Gamoneda v. New York City Bd. of Educ., 259 A.D.2d 348, 687 N.Y.S.2d 46 [1st Dept.1999] ; Matter of Franco v. Town of Cairo, 87 A.D.3d 799, 800–801, 928 N.Y.S.2d 396 [3d Dept.2011] ).We further fi......
-
Sosa v. City of N.Y.
...v. New York Convention Ctr. Operating Corp., 47 A.D.3d 526, 849 N.Y.S.2d 261 [1st Dept.2008]; Gamoneda v. New York City Bd. of Educ., 259 A.D.2d 348, 687 N.Y.S.2d 46 [1st Dept.1999]; Matter of Franco v. Town of Cairo, 87 A.D.3d 799, 800–801, 928 N.Y.S.2d 396 [3d Dept.2011] ). We further fin......
-
Gamoneda v. New York City Bd. of Educ.
...687 N.Y.S.2d 46 ... 1999 N.Y. Slip Op. 2319 ... Leticia GAMONEDA, Plaintiff-Respondent, ... NEW YORK CITY BOARD OF EDUCATION, et al., Defendants-Appellants ... Supreme Court, Appellate Division, ... First Department ... March 16, 1999 ... ...