Lorseille v. New York City Housing Authority
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- Stewart v. Westchester Institute for Human Development (Appellate Division of the Supreme Court of New York 2016)
- Matter of Bramble v. New York City Dept. of Educ. (Appellate Division of the Supreme Court of New York 2015)
- Matter of Barrett v. Village of Wappingers Falls (Appellate Division of the Supreme Court of New York 2015)
- Snyder v. County of Suffolk (Appellate Division of the Supreme Court of New York 2014)
- Snyder v. County of Suffolk (Appellate Division of the Supreme Court of New York 2014)
- Ryan v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2013)
- Ryan v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2013)
- Destine v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Destine v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Ramos-Elizares v. Westchester County Healthcare Corp. (Appellate Division of the Supreme Court of New York 2012)
- Camet v. County of Suffolk (Appellate Division of the Supreme Court of New York 2012)
- Camet v. County of Suffolk (Appellate Division of the Supreme Court of New York 2012)
- Liebman v. New York City Department of Education (Appellate Division of the Supreme Court of New York 2010)
- Godfrey v. City of New Rochelle (Appellate Division of the Supreme Court of New York 2010)
- Werner v. Nyack Union Free School District (Appellate Division of the Supreme Court of New York 2010)
- Pukifoy v. County of Suffolk (Appellate Division of the Supreme Court of New York 2009)
- Troy v. Town of Hyde Park (Appellate Division of the Supreme Court of New York 2009)
- Smith v. Baldwin Union Free School District (Appellate Division of the Supreme Court of New York 2009)
- Castro v. Clarkstown Central School District (Appellate Division of the Supreme Court of New York 2009)
- Bucher v. Town of Eastchester (Appellate Division of the Supreme Court of New York 2007)
- Bridgeview at Babylon Cove Homeowners Ass'n v. Incorporated Village of Babylon (Appellate Division of the Supreme Court of New York 2007)
- Bankson v. Westchester Medical Center (Appellate Division of the Supreme Court of New York 2004)
- del Carmen v. Brentwood Union Free School District (Appellate Division of the Supreme Court of New York 2004)
- Bitetto v. City of Yonkers (Appellate Division of the Supreme Court of New York 2004)
- Pappalardo v. City of New York (Appellate Division of the Supreme Court of New York 2003)
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 (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated May 14, 2001, which denied her application.
Ordered that the order is affirmed, with costs.
The key factors to be considered in deciding an application for leave to serve a late notice of claim under the circumstances of this case are whether the petitioner has demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, and whether the delay in serving the notice of claim substantially prejudiced the public corporation in maintaining its defense on the merits (see General Municipal Law § 50-e [5]; Matter of Lyerly v City of New York, 283 AD2d 647; Cresci v New York City Indus. Dev. Agency, 279 AD2d 497; Matter of Kittredge v New York City Hous. Auth., 275 AD2d 746; Matter of Bollerman v New York City School Constr. Auth., 247 AD2d 469; Matter of James v City of New York, 242 AD2d 630).
The respondent did not have actual knowledge of the essential facts constituting the claim within the appropriate time period, and the petitioner has failed to demonstrate a reasonable excuse for the delay in serving a timely notice of claim (see Matter of Guiliano v Town of Oyster Bay, 244 AD2d 408; Matter of Serrano v New York City Hous. Auth., 197 AD2d 694). Furthermore, the petitioner did not establish that the two-month delay after the expiration of the 90-day period would not substantially prejudice the respondent in maintaining a defense on the merits (see Johnson v Katonah-Lewisboro School Dist., 285 AD2d 490, 491; Matter of Yearusskaya v New York City Tr. Auth., 279 AD2d 583). Altman, J.P., Feuerstein, Friedmann, Schmidt and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.