Summary
The Appellate Division, Fourth Department affirmed the Supreme Court's order granting the claimant leave to serve a late notice of claim under General Municipal Law § 50-e(5). While the claimant lacked a reasonable excuse for the delay, the court determined that the respondents had timely actual knowledge of the claim's essential facts and failed to demonstrate substantial prejudice. The lower court's ruling was therefore upheld without costs.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court abused its discretion in granting claimant's application for leave to serve a late notice of claim under General Municipal Law § 50‑e(5).
Holdings
- The Appellate Division affirmed the Supreme Court's order, finding that the trial court did not abuse its discretion.
Key quotations
“that failure "is not fatal where . . . actual notice was had and there is no compelling showing of prejudice to [respondents]"” (186 AD3d at 980)
“claimant "made a persuasive showing that [respondents] acquired [timely] actual knowledge of the essential facts constituting the claim"” (128 AD3d at 1389)
Factual background
Claimant Mary C. Mann filed a late notice of claim against Erie County Medical Center Corporation. The trial court granted her request for leave to serve the late notice under General Municipal Law § 50‑e(5). Respondents appealed, arguing that the trial court abused its discretion because claimant failed to show a reasonable excuse for the delay.
Procedural history
The Supreme Court, Erie County granted the claimant leave to serve a late notice of claim on September 13, 2023. Respondents appealed the order to the Appellate Division, Fourth Department.