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IFEJIKA-OBUKWELU v. NEW YORK CITY DEPARTMENT OF EDUCATION

47 A.D.3d 447 (2008)

851 N.Y.S.2d 398

KATE IFEJIKA-OBUKWELU et al., Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

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

Decided January 10, 2008.

While the failure to proffer a reasonable excuse for delay in serving a notice of claim is not, by itself, fatal to a motion for leave to file a late notice, plaintiffs also failed to demonstrate that defendants had timely actual notice of the claim and that they sustained no prejudice by reason of the delay (see General Municipal Law § 50-e [1] [a]; [5]; Harris v City of New York, 297 A.D.2d 473, 473-474 [2002], lv...

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