MATTER OF SCHOEN v. CITY OF NEW YORK

2009-09385.

86 A.D.3d 575 (2011)

926 N.Y.S.2d 907

2011 NY Slip Op 5963

In the Matter of HELENE SCHOEN, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided July 12, 2011.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the petition. The petitioner did not demonstrate a reasonable excuse for her failure to serve a timely notice of claim. The record reveals that while the petitioner may have been physically incapacitated for the first three or four months after the accident, she failed to demonstrate that the additional delay in retaining an attorney was due to her physical...

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