MATTER OF EALEY v. CITY OF NEW YORK


204 A.D.2d 720 (1994)

612 N.Y.S.2d 445

In the Matter of Ernest Ealey et al., Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 31, 1994


Ordered that the order is affirmed, with costs.

Although the petitioners' alleged claims accrued on June 30, 1990, they did not serve notices of claim upon the respondent until more than 13 months later. In their subsequent requests for leave to serve late notices of claim or to have the notices deemed timely served, the petitioners merely attributed the delay to their ignorance of the notice of claim requirement and their failure to promptly contact an attorney regarding...

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