Montero v. City of N.Y.
| Decision Date | 29 October 2019 |
| Docket Number | 10221N-10221NA,Index 101935/16 |
| Citation | 109 N.Y.S.3d 633 (Mem),176 A.D.3d 614 |
| Parties | In re Justin MONTERO, Petitioner–Appellant, v. The CITY OF NEW YORK, Respondent–Respondent. |
| Court | New York Supreme Court — Appellate Division |
176 A.D.3d 614
109 N.Y.S.3d 633 (Mem)
In re Justin MONTERO, Petitioner–Appellant,
v.
The CITY OF NEW YORK, Respondent–Respondent.
10221N-10221NA
Index 101935/16
Supreme Court, Appellate Division, First Department, New York.
ENTERED: OCTOBER 29, 2019
Pollack, Pollack, Isaac & DeCicco LLP, New York (Brian J. Isaac of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for respondent.
Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.
Order, Supreme Court, New York County (Margaret A. Chan, J.), entered June 2, 2017, which, to the extent appealable, denied petitioner's motion to renew his application for leave to file a late notice of claim against respondent, unanimously reversed, on the law and the facts, without costs, and the application granted. Appeal from order, same court and Justice, entered on or about January 18, 2017, which denied petitioner's motion for leave to file a late notice of claim against respondent, unanimously dismissed, without costs, as academic.
In this action for personal injuries, petitioner alleges that on May 31, 2016, he tripped and fell in a hole in a soccer field at the East River Park, suffering injury. Respondent the City of New York (City) owns and maintains the accident location.
Petitioner's assertion that he was unaware of the requirement that he file a notice of claim within 90 days of his accident is not a reasonable excuse for failing to file a timely notice (see Gaudio v. City of New York , 235 A.D.2d 228, 651 N.Y.S.2d 530 [1st Dept. 1997] ). His contention that his injuries prevented him from timely filing a notice of claim is not an acceptable excuse, because he failed to provide any medical documentation to support his claimed incapacity (see Moran v. New York City Hous. Auth. , 224 A.D.2d 257, 257–258, 637 N.Y.S.2d 698 [1st Dept. 1996] ; Matter of Green v. New York City Hous. Auth. , 180 A.D.2d 586, 587, 580 N.Y.S.2d 743 [1st Dept....
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