D'Erasmo v. City of Yonkers
Cases that cite this one
3 later published cases cite this decision.
- Matter of Calnick v. New York City Health & Hosps. Corp. (New York Supreme Court, Kings County 2025)
- Frith v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2004)
- Bianca v. County of Nassau (Appellate Division of the Supreme Court of New York 2002)
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 an action, inter alia, to
Ordered that the order is affirmed insofar as appealed from, with costs.
In considering whether or not to grant an application for leave to serve a late notice of claim, the key factors are: (1) whether the municipality acquired actual knowledge of the essential facts of the claim within the statutory 90-day period, (2) whether the petitioner had a reasonable excuse for the delay, and (3) whether the municipality will be substantially prejudiced by the delay in its defense on the merits (see, Matter of Bordan v Mamaroneck School Dist., 230 AD2d 792; Matter of Sica v Board of Educ., 226 AD2d 542; General Municipal Law § 50-e [5]). Considering these factors, granting the plaintiffs leave to serve a late notice of claim on behalf of the infant plaintiff was a provident exercise of the court’s discretion.
The plaintiffs submitted evidence that the defendants had actual knowledge of the facts underlying the claims of the infant plaintiff within the limitation period, and the defendants should not now be heard to complain of prejudice based upon their argument that employees with knowledge of the facts may no longer work at the school (cf., Matter of Kurz v New York City Health & Hosps. Corp., 174 AD2d 671, 673). Mengano, P. J., Ritter, Joy, McGinity and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.