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Matter of Hogan v. Town of Orangetown

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 857 (N.Y. App. Div. 1985)

Opinion

February 19, 1985

Appeal from the Supreme Court, Rockland County (Weiner, J.).


Order affirmed, with costs.

Given the almost 5 1/2-year delay between the injury and the bringing of the instant application for leave to serve a late notice of claim, the fact that the identity of the counselor allegedly involved in the incident is unknown, the fact that the child's injuries did not appear serious at the time, and the lack of any records concerning the incident, Special Term's conclusion that permitting the late service of a notice of claim would "substantially prejudice the respondent in maintaining its defense on the merits" rests upon a solid evidentiary predicate. Accordingly, it was an appropriate exercise of discretion to deny the application ( see, Montana v City of New York, 96 A.D.2d 1031; Goudie v County of Putnam, 95 A.D.2d 823; Matter of Vezza v City of Yonkers, 92 A.D.2d 570; cf. Matter of Welsh v Berne-Knox-Westerlo Cent. School Dist., 103 A.D.2d 950; Matter of Tetro v Plain-view-Old Bethpage Cent. School Dist., 99 A.D.2d 814; Matter of Bensen v Town of Islip, 99 A.D.2d 755). Titone, J.P., Thompson, O'Connor and Eiber, JJ., concur.


Summaries of

Matter of Hogan v. Town of Orangetown

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 857 (N.Y. App. Div. 1985)
Case details for

Matter of Hogan v. Town of Orangetown

Case Details

Full title:In the Matter of SEAN P. HOGAN, Appellant, v. TOWN OF ORANGETOWN…

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

Date published: Feb 19, 1985

Citations

108 A.D.2d 857 (N.Y. App. Div. 1985)

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