GODFREY v. CITY OF NEW ROCHELLE

2009-07099.

74 A.D.3d 1018 (2010)

903 N.Y.S.2d 497

MARGARET GODFREY, Appellant, v. CITY OF NEW ROCHELLE, Respondent.

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

Decided June 15, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion to deem her notice of claim timely served, nunc pro tunc. The plaintiff's excuse for failing to timely serve a notice of claim, that she expected her injury to heal quickly, is unacceptable without supporting medical evidence explaining why the seriousness of the injury took so long to become apparent (

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