Thompson v. Chalich
Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Yachnin, J.), entered February 10, 1995, which denied her application.
Ordered that the order is affirmed, with costs.
Upon consideration of the statutory factors (see, General Municipal Law § 50-e [5]; Education Law § 3813 [2-a]; Matter of O'Mara v Town of Cortlandt, 210 AD2d 337) the court did not improvidently exercise its discretion when it denied the petitioner’s application for leave to serve a late notice of claim. The petitioner’s unsubstantiated claim that her injuries needed to be monitored in order to determine if they were serious enough to meet the threshold of the no-fault law was insufficient to excuse the eight-month delay herein (see, Winter v City of Geneva, 203 AD2d 939; see also, Munnerlyn v City of New York, 203 AD2d 437).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.