Grant v. Nassau County Industrial Development Agency
Cases that cite this one
18 later published cases cite this decision.
- Matter of Bonaguro v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Matter of Bramble v. New York City Dept. of Educ. (Appellate Division of the Supreme Court of New York 2015)
- Matter of Borrero v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2015)
- McGinness v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- McGinness v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Walker v. Riverhead Central School District (Appellate Division of the Supreme Court of New York 2013)
- Walker v. Riverhead Central School District (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)
- Ryan v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2013)
- Casale v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Anderson v. Town of Oyster Bay (Appellate Division of the Supreme Court of New York 2012)
- Anderson v. Town of Oyster Bay (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)
- Joseph v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Joseph v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Estate of Curreri v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2011)
- Cropsey v. County of Orleans Industrial Development Agency (Appellate Division of the Supreme Court of New York 2009)
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
Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.
A condition precedent to commencing a tort action against an industrial development agency is the service of a notice of claim upon it within 90 days after the claim arose (see General Municipal Law § 880 [2]; § 50-e [1] [a]). The court may, in its discretion, extend the time to serve a notice of claim (see General Municipal Law § 50-e [5]; Matter of Lodati v City of New York, 303 AD2d 406 [2003]). In determining whether to grant an application for leave to serve a late notice of claim, a court must consider, inter alia, whether the petitioner demonstrated a reasonable excuse for the delay, whether the public corporation acquired actual knowledge of the facts constituting the claim within 90 days after it arose or within a reasonable time thereafter, and whether the delay would substantially prejudice the public corporation in maintaining its defense on the merits (see General Municipal Law § 50-e [5]; Gibbs v City of New York, 22 AD3d 717, 719 [2005]; Igneri v New York City Bd. of Educ., 303 AD2d 635 [2003]).
The Supreme Court improvidently exercised its discretion in granting the petition. The petitioner’s assertion that he was unaware of the notice of claim requirement was not a reasonable excuse for his initial delay in serving a notice of claim upon the respondent (see Matter of Gofman v City of New York, 268 AD2d 588 [2000]; Matter of Hernandez v City of New York, 259 AD2d 751 [1999]; Matter of Gaffney v Town of Hempstead, 226 AD2d 721, 722 [1996]). The petitioner also failed to proffer any excuse for the further 21/2-month delay between the time that he retained counsel and the time he made his first application for leave to serve a late notice of claim against the wrong governmental agency (see Matter of Gillum v County of Nassau, 284
Finally, under the circumstances of this case, the respondent would be prejudiced by the 10-month delay between the time the claim arose and the time the petitioner commenced this proceeding for leave to serve a late notice of claim (see Matter of Groves v New York City Tr. Auth., 44 AD3d 856, 857 [2007]; Matter of Deegan v City of New York, 227 AD2d 620 [1996]; Matter of Sosa v City of New York, 206 AD2d 374, 375 [1994]). Skelos, J.P., Santucci, Angiolillo, Dickerson and Chambers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.