Appellate Division of the Supreme Court of New York, 2012

Casale v. Liverpool Central School District

Casale v. Liverpool Central School District
Appellate Division of the Supreme Court of New York · Decided October 5, 2012
99 A.D.3d 1246; 951 N.Y.2d 439
Casale v. Liverpool Central School District

Opinion of the Court

Memorandum: Contrary to respondent’s contention, Supreme Court did not abuse its discretion in granting claimant’s application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). Although a court may properly consider whether a claimant provided a reasonable excuse for failing to serve a timely notice of claim (see Parton v Onondaga County, 81 AD3d 1433, 1433-1434 [2011]), a claimant’s failure to tender a reasonable excuse “is not fatal where . . . actual notice was had and there is no compelling showing of prejudice to [respondent]” (Matter of Hall v Madison-Oneida County Bd. of Coop. Educ. Servs., 66 AD3d 1434, 1435 [2009] [internal quotation marks omitted]; see Hale *1247v Webster Cent. School Dist., 12 AD3d 1052, 1053 [2004]). Here, claimant “made a persuasive showing that [respondent] ‘acquired actual knowledge of the essential facts constituting the claim’ . . . [and respondent has] made no particularized or persuasive showing that the delay caused [it] substantial prejudice” (Wetzel Servs. Corp. v Town of Amherst, 207 AD2d 965, 965 [1994]; see § 50-e [5]). Present — Fahey, J.E, Peradotto, Garni and Sconiers, JJ.

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