Monday, April 16, 2007

What is the standard for leave to serve a late Notice of Claim on the City?

The standard includes (1) reasonable excuse, (2) the city's having actual knowledge of the underlying facts of the claim, and (3) prejudice to the defendant, according to the Second Department, in Acosta v. City of New York, decided on April 10, 2007. In denying leave, the court took special note of the fact that the police accident report was insufficient to constitute actual notice in that it did not link the accident to the city's negligence as an alleged proximate cause.