MATTER OF JOSEPH CASALE v. CITY OF NEW YORK

Nos. 7784N, 260075/11.

95 A.D.3d 744 (2012)

945 N.Y.S.2d 92

2012 NY Slip Op 4109

In the Matter of JOSEPH J. CASALE et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided May 29, 2012.


The IAS court improvidently exercised its discretion in granting the motion (see General Municipal Law § 50-e [5]). Petitioners failed to offer a reasonable excuse for not serving a timely notice of claim. Indeed, petitioners failed to submit any medical evidence supporting their assertion that the injured petitioner's physical condition prevented them from timely serving a notice of claim (see Matter of Dominguez v New York City Health & Hosps. Corp.,...

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