Wednesday, October 14, 2015

Leave to serve a late notice of claim.

Practice point:  In determining whether the application should be granted, a court shall consider, among other things, "whether the public corporation . . . acquired actual knowledge of the essential facts constituting the claim within the time specified in subdivision one . . . or within a reasonable time thereafter," as specified in GML § 50-e[5]. The court shall also consider all other relevant facts and circumstances, including whether the delay substantially prejudiced the public corporation's ability to defend on the merits.

Student note:  In determining whether the public corporation was prejudiced by any mistake, omission, irregularity or defect in the notice of claim, the court may look to evidence adduced at a section 50-h hearing, and to such other evidence as is properly before the court.

Case:  Thomas v. New York City Hous. Auth., NY Slip Op 07328 (1st Dept. 2015)

Here is the decision.

Tomorrow's issue:  A motion for leave to serve an amended bill of particulars.