First Department Reverses Lower Court Decision Granting Plaintiff Leave To Serve Late Notices Of Claim And Dismisses Complaint
In a decision dated October 21, 2014, the Appellate Division, First Department, unanimously reversed Justice Geoffrey Wright’s decision dated May 16, 2013, which granted plaintiff leave to serve late notices of claim upon the defendants, Metropolitan Transportation Authority and the City of New York. The defendants established that the grant of leave by the lower court was an improvident exercise of discretion by setting forth evidence that plaintiff failed to proffer a reasonable excuse for the delay, failed to demonstrate that defendants acquired actual notice of the essential facts constituting the claim within 90 days after it arose or a reasonable time thereafter and also failed to demonstrate that defendants were not prejudiced as a result. In addition to reversing the grant of leave, the First Department also dismissed plaintiff’s related action alleging violations of the Labor Law and common law negligence.
Strohmeier v. Metropolitan Transportation Authority, et.al., 121 A.D.3d 548, 993 N.Y.S.2d 888 (1st Dep’t 2014)
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