Matter of Blackwell v. City of New York

Full title: In the Matter of ROBIN BLACKWELL et al., Appellants, v. CITY OF NEW YORK…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 26, 1989

156 A.D.2d 684 (N.Y. App. Div. 1989)

549 N.Y.S.2d 447

Opinion

December 26, 1989

Appeal from the Supreme Court, Queens County (Hentel, J.).

Ordered that the order is affirmed, with costs.

We conclude that the Supreme Court did not improvidently exercise its discretion in denying the petitioners' application pursuant to General Municipal Law § 50-e (5) to file a late notice of claim. The petitioners failed to establish a reasonable excuse for their delay in filing a timely notice of claim and there is no evidence in the record to indicate that the respondent City of New York had actual knowledge of the petitioners' claim within 90 days of the accident. Finally, we find that the respondent city would be substantially prejudiced if the petitioners' application were granted (see, Matter of Perry v City of New York, 133 A.D.2d 692; Rechenberger v Nassau County Med. Center, 112 A.D.2d 150; Caselli v New York, 105 A.D.2d 251). Mollen, P.J., Thompson, Lawrence and Eiber, JJ., concur.