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COLAROSSI v. CITY OF NEW YORK

12864N, 154632/12.

118 A.D.3d 612 (2014)

989 N.Y.S.2d 24

2014 NY Slip Op 4702

ANTHONY COLAROSSI, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided June 24, 2014.

The court improvidently exercised its discretion in granting plaintiff's motion. Plaintiff's excuse of law office failure is not a reasonable excuse for failing to timely serve a notice of claim (see Walker v City of New York, 46 A.D.3d 278, 281 [1st Dept 2007]). Although the failure to proffer a reasonable excuse is not alone fatal to a motion for leave to serve a late notice, plaintiff also failed to show that defendants (City...

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