Matter of Santopietro v. City of New York
| Decision Date | 10 April 2008 |
| Docket Number | 3344N. |
| Parties | In the Matter of MICHAEL A. SANTOPIETRO et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
The court did not improvidently exercise its discretion, under General Municipal Law § 50-e (5), in denying petitioners' motion to file a late notice of claim (see e.g. Williams v Nassau County Med. Ctr., 6 NY3d 531 [2006]). While the failure to proffer a reasonable excuse for delay in serving a notice of claim is not alone fatal to a motion for leave to file a late notice, plaintiffs also failed to demonstrate that the City had timely actual notice of the claim and suffered no prejudice by reason of the delay (see General Municipal Law § 50-e [1] [a]; [5]; Matter of Schifano v City of New York, 6 AD3d 259 [2004], lv denied 4 NY3d 703 [2005]; Harris v City of New York, 297 AD2d 473 [2002], lv denied 99 NY2d 503 [2002]).
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...essential facts of the claim must have been acquired by the City, not just knowledge of the occurrence (see Matter of Santopietro v. City of New York, 50 A.D.3d 390 [1st Dept. 2008]; Chattergoon v. New York City Hous. Autk, 197 A.D.2d 397 [1st Dept. 1993]; affd 78 N.Y.2d 958 [1993]). "Proof......
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