Supreme Court providently exercised its discretion in denying plaintiff leave to file a late notice of claim since he offered no excuse for his failure to timely file the notice, failed to demonstrate that defendant New York City Transit Authority (NYCTA) acquired actual knowledge of the facts underlying the claim within 90 days or a reasonable time afterward, and failed to meet his burden of demonstrating that NYCTA would not be substantially prejudiced by the delay (
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ALEXANDER v. NEW YORK CITY TRANSIT AUTHORITY
Index No. 153830/20. Appeal No. 14842. Case No. 2020-04461.
200 A.D.3d 509 (2021)
155 N.Y.S.3d 317
2021 NY Slip Op 06941
Cristin Alexander, Appellant, v. New York City Transit Authority, Respondent, et al., Defendant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 14, 2021.
Decided December 14, 2021.
Attorney(s) appearing for the Case
Anna J. Ervolina , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for respondent.
Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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