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MATTER OF GOFMAN v. CITY OF NEW YORK

268 A.D.2d 588 (2000)

702 N.Y.S.2d 620

In the Matter of MARIYA GOFMAN, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided January 31, 2000.

Ordered that the order is reversed, on the law, with costs, the application to serve a late notice of claim is denied, and the proceeding is dismissed.

The fact that the petitioner was unaware that General Municipal Law § 50-e requires a notice of claim to be served within 90 days after accrual of the claim, is not a legally acceptable excuse for the failure to comply (see, Matter of Ragin v City of New York, 222 A.D.2d 678...

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