Matter of D.D. v. Village of Great Neck

Summary

The Appellate Division, Second Department affirmed an order granting petitioners leave to serve a late notice of claim against a school district and related entities. The court held that the district had actual knowledge of the facts constituting the claim and failed to demonstrate substantial prejudice from the delay. The absence of a reasonable excuse was not fatal where actual knowledge and lack of prejudice were shown.

Holdings

1. Leave to serve a late notice of claim was properly granted because the school district had actual knowledge of the facts constituting the claim within the statutory period, the petitioners initially showed that the district would not suffer substantial prejudice, and the district failed to rebut that showing with particularized indicia of prejudice.
2. The absence of a reasonable excuse for failing to timely serve the notice of claim was not fatal because the district had actual notice of the claim and the delay did not result in substantial prejudice.
3. The district's remaining contention was not considered because it was raised for the first time on appeal.

Questions Presented

1. Whether leave should be granted to serve a late notice of claim against the school district entities where they had actual knowledge of the essential facts constituting the claim and the petitioners made an initial showing that the delay would not substantially prejudice the district.
2. Whether the petitioners' lack of a reasonable excuse for failing to timely serve the notice of claim required denial of the petition despite actual notice and lack of prejudice.
3. Whether the district's remaining argument could be considered when raised for the first time on appeal.

Disposition

affirmed