Khalid v. City of New York
Cases that cite this one
30 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of Bermudez v. City of New York (Appellate Division of the Supreme Court of New York 2018)
- Matter of Maggio v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Ramirez v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Luna v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Mitchell v. Town of Greenburgh (Appellate Division of the Supreme Court of New York 2012)
- Mitchell v. Town of Greenburgh (Appellate Division of the Supreme Court of New York 2012)
- Casey v. State of New York (Appellate Division of the Supreme Court of New York 2018)
- Matter of Borrero v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2015)
- Sanchez v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Sanchez v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Iglesias v. Brentwood Union Free School District (Appellate Division of the Supreme Court of New York 2014)
- Iglesias v. Brentwood Union Free School District (Appellate Division of the Supreme Court of New York 2014)
- Anderson v. New York City Department of Education (Appellate Division of the Supreme Court of New York 2013)
- Anderson v. New York City Department of Education (Appellate Division of the Supreme Court of New York 2013)
- Gunsam v. Eastern Suffolk Board of Cooperative Educational Services (Appellate Division of the Supreme Court of New York 2013)
- Gunsam v. Eastern Suffolk Board of Cooperative Educational Services (Appellate Division of the Supreme Court of New York 2013)
- Andrews v. Long Island Railroad (Appellate Division of the Supreme Court of New York 2013)
- Andrews v. Long Island Railroad (Appellate Division of the Supreme Court of New York 2013)
- Allstate Insurance v. Washingtonville Central School District (Appellate Division of the Supreme Court of New York 2013)
- Allstate Insurance v. Washingtonville 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)
- Wright v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Wright 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)
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 determining whether to grant leave to serve a late notice of claim, a court must consider various factors, including whether (1) the claimant has demonstrated a reasonable excuse for failing to serve a timely notice of claim, (2) the claimant was an infant, or mentally or physically incapacitated, (3) the public corporation acquired actual knowledge of the facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and (4) the delay would substantially prejudice the public corporation in defending on the merits (see General Municipal Law § 50-e [5]; Matter of Keyes v City of New York, 89 AD3d 1086 [2011]; Matter of Nurse v City of New York, 87 AD3d 543, 544 [2011]; Matter of Tonissen v Huntington U.F.S.D., 80 AD3d 704, 704-705 [2011]).
Furthermore, the City of New York did not acquire actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter. The curb defect indicated on a map filed with the New York City Department of Transportation by the Big Apple Pothole and Sidewalk Protection Corporation six years before the accident did not suffice to give the City actual knowledge of the essential facts constituting the petitioner’s claim (see Matter of Konstantinides v City of New York, 278 AD2d 235, 236 [2000]; Matter of Rios v City of New York, 180 AD2d 801, 802 [1992]). Notably, the City did not have actual timely knowledge of the petitioner’s accident, his injuries, or the facts underlying his theory of liability against the City (see Matter of Iacone v Town of Hempstead, 82 AD3d 888, 889 [2011]; Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d 138, 148 [2008]; Matter of Nieves v Girimonte, 309 AD2d 753 [2003]). Finally, the petitioner failed to demonstrate that the City would not be prejudiced if this petition were granted and a notice of claim were permitted to be served almost nine months after the accident, especially given the transitory nature of the defect in the curb and the admittedly changed condition of the accident site (see Matter of Valentine v City of New York, 72 AD3d 981, 982 [2010]; Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d at 153; Matter of Aguilar v Town of Islip, 294 AD2d 358, 359 [2002]; cf. Matter of Ruffino v City of New York, 57 AD3d 550, 551 [2008]).
Accordingly, the petition for leave to serve a late notice of claim should have been denied. Skelos, J.P, Dickerson, Hall, Roman and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.