Guiliano v. Town of Oyster Bay
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- Kittredge v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2000)
- Matter of Moore v. Nassau Univ. Med. Ctr. (Appellate Division of the Supreme Court of New York 2025)
- Alvarez v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2012)
- Alvarez v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2012)
- Schoen v. City of New York (Appellate Division of the Supreme Court of New York 2011)
- Werner v. Nyack Union Free School District (Appellate Division of the Supreme Court of New York 2010)
- Felice v. Eastport/South Manor Central School District (Appellate Division of the Supreme Court of New York 2008)
- Portnov v. City of Glen Cove (Appellate Division of the Supreme Court of New York 2008)
- Haeg v. County of Suffolk (Appellate Division of the Supreme Court of New York 2006)
- Carpenter v. City of New York (Appellate Division of the Supreme Court of New York 2006)
- Nacherlilla v. City of New York (Appellate Division of the Supreme Court of New York 2006)
- Baglivi v. Town of Southold (Appellate Division of the Supreme Court of New York 2003)
- Lodati v. City of New York (Appellate Division of the Supreme Court of New York 2003)
- Rabanar v. City of Yonkers (Appellate Division of the Supreme Court of New York 2002)
- Clark v. City of New York (Appellate Division of the Supreme Court of New York 2002)
- Meehan v. City of New York (Appellate Division of the Supreme Court of New York 2002)
- Lorseille v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2002)
- Micali v. Union Free Valley Stream School District 24 (Appellate Division of the Supreme Court of New York 2002)
- DeAngelis v. Board of Education (Appellate Division of the Supreme Court of New York 2001)
- Acosta v. City of New York (Appellate Division of the Supreme Court of New York 2001)
- Turner v. Town of Oyster Bay (Appellate Division of the Supreme Court of New York 2000)
- Lisanti v. Suffolk County Transportation (Appellate Division of the Supreme Court of New York 2000)
- Erickson v. City of New York (Appellate Division of the Supreme Court of New York 2000)
- Campanile v. County of Suffolk (Appellate Division of the Supreme Court of New York 2000)
- Shapey v. East Rockaway Union Free School District (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In a proceeding pursuant to General Municipal Law § 50-e for leave to
Ordered that the order is reversed, as a matter of discretion, the application for leave to serve a late notice of claim is denied, and the proceeding is dismissed, with costs.
“It is well settled that the court, in its discretion, may grant an application for leave to serve a late notice of claim (see, General Municipal Law § 50-e [5]). The key factors, which the court must consider are whether the petitioner has demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and whether the delay would substantially prejudice the municipality in maintaining its defense on the merits” (Matter of Shapiro v County of Nassau, 208 AD2d 545).
Contrary to the petitioner’s contention, the Town of Oyster Bay did not have actual knowledge of the essential facts constituting the claim within the appropriate time period. Although an accident report was completed by a Town employee on the date of the accident, it merely stated that the petitioner claimed to have tripped and fallen on a concrete walk and went to an emergency room for examination. The report did not provide the Town with actual knowledge of the essential facts constituting the petitioner’s present claim that the Town caused the petitioner’s injury by permitting a broken, uneven, cracked, and rutted cement paving to exist at the pool deck (see, Matter of Rusiecki v Clarkstown Cent. School Dist., 227 AD2d 493; Matter of Hubbard v City School Dist., 204 AD2d 721).
Accordingly, the Supreme Court improvidently exercised its discretion in granting the petitioner’s application for leave to serve a late notice of claim. Bracken, J. P., Copertino, Sullivan and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.