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CROWELL v. CITY OF NEW YORK

228 A.D.2d 322 (1996)

644 N.Y.S.2d 231

Lynne Crowell, Appellant, v. City of New York, Respondent

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

June 20, 1996

Petitioner served a notice of claim on the City two days late, and then waited almost a full year before moving for leave to file the late claim, giving no explanation at all for the delay. The City is prejudiced by weather-related changes in the condition of the allegedly defective sidewalk during the period of delay (cf., Matter of Sutton v Town of Schuyler Falls, 185 A.D.2d 430, 431-432), and by its inability to identify...

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