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MATTER OF HERNANDEZ v. CITY OF NEW YORK

259 A.D.2d 751 (1999)

687 N.Y.S.2d 404

In the Matter of JACOBO HERNANDEZ, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided March 29, 1999.

Ordered that the order is affirmed, with costs.

The petitioner's contention that he was unaware of the requirements of General Municipal Law § 50-e is not a reasonable excuse for the failure to serve a timely notice of claim (see, Matter of Gaffney v Town of Hempstead, 226 A.D.2d 721). The petitioner also failed to prove that the respondent, City of New York, acquired actual knowledge of the essential facts constituting...

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