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BORNSCHEIN v. CITY OF NEW YORK

Index No. 160235/20. Appeal No. 15564. Case No. 2021-01478.

203 A.D.3d 570 (2022)

162 N.Y.S.3d 708

2022 NY Slip Op 01961

Jessica Bornschein, as Administratrix of the Estate of Ryan T. Bornschein, Deceased, Appellant, v. City of New York et al., Respondents.

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

Decided March 22, 2022.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Elizabeth I. Freedman of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Singh, Kennedy, Scarpulla, JJ.

Petitioner failed to show that respondents acquired actual knowledge of the essential facts constituting her claim of wrongful death, conscious pain and suffering, and personal injuries allegedly sustained by her decedent within 90 days after the claim arose or within a reasonable time thereafter (see General Municipal Law § 50-e[5]). Respondents' actual knowledge cannot be presumed, as petitioner submitted no reports...

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