Narcisse v. Incorporated Village of Central Islip
Cases that cite this one
23 later published cases cite this decision.
- Matter of Ruiz v. City of New York (Appellate Division of the Supreme Court of New York 2017)
- Peterson v. New York City Department of Environmental Protection (Appellate Division of the Supreme Court of New York 2009)
- Vicari v. Grand Avenue Middle School (Appellate Division of the Supreme Court of New York 2008)
- Groves v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2007)
- Matter of Moore v. Nassau Univ. Med. Ctr. (Appellate Division of the Supreme Court of New York 2025)
- Matter of Islam v. City of New York (Appellate Division of the Supreme Court of New York 2018)
- Grasso v. Nassau County (Appellate Division of the Supreme Court of New York 2013)
- Abramovitz v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Abramovitz v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Farfan v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Farfan v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Tonissen v. Huntington U.F.S.D. (Appellate Division of the Supreme Court of New York 2011)
- Estate of Curreri v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2011)
- Liebman v. New York City Department of Education (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)
- Smith 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)
- National Grange Mutual Insurance v. Town of Eastchester (Appellate Division of the Supreme Court of New York 2008)
- Felice v. Eastport/South Manor Central School District (Appellate Division of the Supreme Court of New York 2008)
- Julie F. City of New York (Appellate Division of the Supreme Court of New York 2008)
- Kumar v. City of New York (Appellate Division of the Supreme Court of New York 2008)
- Corvera v. Nassau County Health Care Corp. (Appellate Division of the Supreme Court of New York 2007)
- Doyle v. Elwood Union Free School District (Appellate Division of the Supreme Court of New York 2007)
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 for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the petitioner appeals from (1) an order of the Supreme Court, Suffolk County (Loughlin, J.), entered October 26, 2005, which denied the petition, and (2) an order of the same court dated February 24, 2006, which denied her motion, in effect, for leave to renew the petition.
Ordered that the orders are affirmed, with one bill of costs.
General Municipal Law § 50-e requires that a notice of claim be served within 90 days after a tort claim arises against a public corporation. This requirement is intended to protect public
The Supreme Court providently exercised its discretion in denying the petition for leave to serve a late notice of claim. The petitioner did not establish that the respondents had “actual knowledge of the essential facts constituting the claim,” within 90 days after her accident or within a reasonable time thereafter (General Municipal Law § 50-e [5]; see Matter of Carpenter v City of New York, 30 AD3d 594, 595 [2006]). Notably, the petitioner did not consult with an attorney until one month after the 90-day period had expired. Several weeks after this consultation, she served her petition for leave to serve a late notice of claim. The respondents did not have any knowledge of the petitioner’s claim prior to their receipt of that petition. The petition, however, did not even specify the precise location of the accident or the time of day it occurred (see General Municipal Law § 50-e [2]; Perre v Town of Poughkeepsie, 300 AD2d 379, 380 [2002]). Additionally, as the Supreme Court found, the petitioner did not demonstrate a reasonable excuse for her delay (see Matter of Welch v New York City Hous. Auth., 7 AD3d 805 [2004]; Igneri v New York City Bd. of Educ., 303 AD2d 635, 636 [2003]). Nothing in her petition supports a conclusion that the petitioner was unable to serve a timely notice of claim within the 90 days following her accident (see Matter of Carpenter v City of New York, supra; Matter of Jensen v
We also note that the petitioner did not provide a proposed notice of claim with her petition, in violation of General Municipal Law § 50-e (7). Denial of the petition on this ground by itself would have been justified (see Matter of Scott v Huntington Union Free School Dist., 29 AD3d 1010, 1010 [2006]).
In addition, the Supreme Court providently exercised its discretion in denying the petitioner’s motion, in effect, for leave to renew her petition. The petitioner did not reasonably justify her failure to earlier provide the “new facts not offered” on the prior petition (CPLR 2221 [e] [2], [3]). Schmidt, J.E, Crane, Skelos and Fisher, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.