Thursday, September 15, 2016

A late notice of claim is deemed timely served.

Practice point:  The Appellate Division determined that the Supreme Court providently exercised its discretion in granting the petition and deeming the late notice of claim to be timely served, pursuant to General Municipal Law § 50-e[5]. The petitioner demonstrated a reasonable excuse for the delay in serving a notice of claim, namely, her physical incapacity and her attorney's investigation into the claim.  In addition, the petitioner adequately demonstrated that the defendant would not be substantially prejudiced by the delay.

Case:  Matter of Pazienza v. Westchester County Health Care Corp., NY Slip Op 05863 (2d Dep't August 24, 2016)

Here is the decision.

Tomorrow's issue:  The doctrine of laches.