Anderson v. Town of Oyster Bay
Cases that cite this one
16 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 McFarland v. City of New York (Appellate Division of the Supreme Court of New York 2019)
- Matter of Quinones v. City of New York (Appellate Division of the Supreme Court of New York 2018)
- Matter of Kumar v. Dormitory Auth. of the State of N.Y. (Appellate Division of the Supreme Court of New York 2017)
- Stewart v. Westchester Institute for Human Development (Appellate Division of the Supreme Court of New York 2016)
- Matter of Mohamed v. New York City (Appellate Division of the Supreme Court of New York 2016)
- Anderson v. Armentano (Appellate Division of the Supreme Court of New York 2016)
- Matter of Bramble v. New York City Dept. of Educ. (Appellate Division of the Supreme Court of New York 2015)
- Matter of Stark v. West Hempstead Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2015)
- Matter of Barrett v. Village of Wappingers Falls (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)
- Snyder v. County of Suffolk (Appellate Division of the Supreme Court of New York 2014)
- Snyder v. County of Suffolk (Appellate Division of the Supreme Court of New York 2014)
- Valila v. Town of Hempstead (Appellate Division of the Supreme Court of New York 2013)
- Valila v. Town of Hempstead (Appellate Division of the Supreme Court of New York 2013)
- Grasso v. Nassau County (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
In determining whether to grant leave to serve a late notice of claim, the court must consider certain factors, including, inter alia, whether the petitioner demonstrated a reasonable excuse for failing to serve a timely notice of claim, whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or within a reasonable time thereafter, and whether the delay
The petitioner failed to demonstrate a reasonable excuse for his failure to serve a timely notice of claim. His conclusory assertion that his prior attorneys failed to file a timely notice of claim due to an unspecified error was insufficient (see Matter of Groves v New York City Tr. Auth., 44 AD3d 856, 857 [2007]; Matter of Roland v Nassau County Dept. of Social Servs., 35 AD3d 477, 478 [2006]; Lopez v New York City Hous. Auth., 193 AD2d 473, 474 [1993]).
Furthermore, the petitioner failed to establish that the Town of Oyster Bay acquired actual knowledge of the essential facts constituting the claim within 90 days after the subject accident or a reasonable time thereafter. The petitioner’s oral report of the injury to his supervisor about one month after the accident and the filing of a workers’ compensation claim with his employer two months after the accident did not provide the Town with actual knowledge of the accident (see Matter of Grant v Nassau County Indus. Dev. Agency, 60 AD3d 946, 948 [2009]; Williams v City of Niagara Falls, 244 AD2d 1006, 1007 [1997]). Similarly, even though two town representatives were present on a regular basis at the construction site where the accident occurred, there was no evidence that they were aware of the essential facts constituting the claim (see Matter of Bruzzese v City of New York, 34 AD3d 577, 578 [2006]; Matter of Carpenter v City of New York, 30 AD3d 594, 595 [2006]; Matter of Pico v City of New York, 8 AD3d 287, 288 [2004]; Matter of Shapiro v County of Nassau, 208 AD2d 545 [1994]). Even if the Town had been aware of the workers’ compensation claim form filed with the petitioner’s employer two months after the accident, that form merely indicated that the petitioner slipped and fell while carrying a wooden form. That claim form was insufficient to provide actual knowledge of the petitioner’s present claim that he tripped and fell into a four-foot-deep trench due to the Town’s negligence in the ownership, operation, repair, inspection, maintenance, and control of the worksite location (see Matter of Werner v Nyack Union Free School Dist., 76 AD3d 1026, 1027 [2010]; Matter of Catuosco v City of New York, 62 AD3d 995, 996 [2009]; Matter of Formisano v Eastchester Union Free School Dist., 59 AD3d 543, 544 [2009]; Matter of Schifano v City of New York, 6 AD3d 259, 260-261 [2004]).
In addition, the petitioner failed to rebut the Town’s asser
Accordingly, the Supreme Court should have denied the petition and dismissed the proceeding. Skelos, J.P., Chambers, Sgroi and Hinds-Radix, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.