Guiliano v. Town of Oyster Bay
| Decision Date | 10 November 1997 |
| Citation | 244 A.D.2d 408,664 N.Y.S.2d 314 |
| Parties | , 1997 N.Y. Slip Op. 9498 In the Matter of Christine GUILIANO, Respondent, v. TOWN OF OYSTER BAY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Carole A. Burns & Associates, Mineola (Sandeep Chatrath, of counsel), for appellant.
Kenneth C. Henry, Plainview (Joseph C. Andruzzi, of counsel), for respondent.
Before BRACKEN, J.P., and COPERTINO, SULLIVAN and McGINITY, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to General Municipal Law § 50-e for leave to serve a late notice of claim, the Town of Oyster Bay appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated June 3, 1996, which granted the petitioner's application for leave to serve a late notice of claim.
ORDERED that the order is reversed, as a matter of discretion, the application for leave to serve a late notice of claim is denied, and the proceeding is dismissed, with costs.
(Matter of Shapiro v. County of Nassau, 208 A.D.2d 545, 616 N.Y.S.2d 786).
Contrary to the petitioner's contention, the Town of Oyster Bay did not have actual knowledge of the essential facts constituting the claim within the appropriate time period. Although an accident report was completed by a Town employee on the date of the accident, it merely stated that the petitioner claimed to have tripped and fallen on a concrete walk and went to an emergency room for examination. The report did not provide the Town with actual knowledge of the essential facts constituting the petitioner's present claim that the Town caused the petitioner's injury by permitting a broken, uneven, cracked, and rutted cement paving to exist at the pool deck (see, Matter of Rusiecki v. Clarkstown Cent. School Dist., 227 A.D.2d 493, 643 N.Y.S.2d 132; Matter of Hubbard v. City School Dist. of Glen Cove, 204 A.D.2d 721, 613 N.Y.S.2d 29).
Accordingly, the...
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