Summary
In Matter of Krohn v Berne-Knox-Westerlo Cent. School Dist. (168 A.D.2d 826), we held that failure to allege a reasonable excuse for the delay is not fatal to an application for leave to serve a late notice of claim when the school district and its insurer had immediate notice of the accident and an adequate opportunity to investigate, and there is no indication of prejudice to the school district.
Summary of this case from Matter of Ireland v. HinkleOpinion
December 20, 1990
Appeal from the Supreme Court, Montgomery County (White, J.).
On May 27, 1988, petitioner Thomas D. Krohn was injured when the vehicle he was riding in was involved in an accident with a vehicle owned by respondent Berne-Knox-Westerlo Central School District and operated by its employee. On August 25, 1988, just prior to expiration of the one-year and 90-day Statute of Limitations (see, General Municipal Law § 50-i), petitioners made this application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). Supreme Court granted the application and the school district appeals.
We affirm. It is our view that Supreme Court acted within its discretion in granting the application. The record establishes that the school district's vehicle was damaged in the accident and, in fact, towed from the scene, that a police accident report was prepared, and that the school district and, assumedly, its insurance carrier had immediate notice of the accident and an adequate opportunity to investigate it. Moreover, there is no indication that the school district has been prejudiced by the late filing of the notice of claim. Under the circumstances of this case, petitioners' failure to allege a reasonable excuse for the delay is not fatal (see, General Municipal Law § 50-e; Matter of Fast v. County of Broome, 151 A.D.2d 930, 931; Matter of Zbryski v. City of New York, 147 A.D.2d 705, 706, lv. dismissed, and lv. denied 74 N.Y.2d 825).
Order affirmed, with costs. Mahoney, P.J., Kane, Casey, Weiss and Mercure, JJ., concur.