Gonzalez v. City of New York
Cases that cite this one
3 later published cases cite this decision.
- Matter of Baum v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Alladice v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Alladice v. City of New York (Appellate Division of the Supreme Court of New York 2013)
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
Plaintiff failed to establish any of the relevant statutory factors that would warrant leave to serve a late notice of claim (General Municipal § 50-e [5]; Matter of Kelley v New York City Health & Hosps. Corp., 76 AD3d 824 [2010]). Her claimed injury was a broken bone in her ankle, which was treated in the emergency room. There was no showing that the injury was so incapacitating as to prevent the service of a timely notice of claim (see Matter of Montanez v City of New York, 156 AD2d 185 [1989]). There was no showing that defendants acquired actual knowledge of the facts and circumstances constituting the claim within the statutory 90-day service period (see Quinn v Manhattan & Bronx Surface Tr. Operating Auth., 273 AD2d 144 [2000]). There was no showing that a defense on the merits would not be prejudiced by the late service, given the subsequent repair of the alleged sidewalk defect (see Matter of Gitis v City of New York, 68 AD3d 489 [2009], lv denied 14 NY3d 712 [2010]). Concur — Mazzarelli, J.E, Andrias, Catterson, Abdus-Salaam and Manzanet-Daniels, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.