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MATTER OF BRUCE ERTEL AND SUSAN ERTEL, CLAIMANTS-APPELLANTS, v. TOWN OF AMHERST, RESPONDENT-RESPONDENT.

Memorandum:

Supreme Court did not abuse its discretion in denying claimants' motion to file a late notice of claim. Claimants failed to establish that respondent had "notice or knowledge of the specific claim and not general knowledge that a wrong has been committed" ( Matter of Sica v. Board of Educ., 226 A.D.2d 542, 543; see, Matter of Morrison v. New York City Health Hosps. Corp., 244 A.D.2d 487, 488). Moreover, claimants failed to demonstrate a reasonable excuse for their failure to file a timely notice of claim ( see, Winter v. City of Geneva, 203 A.D.2d 939).

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MATTER OF ERTEL v. TOWN OF AMHERST
(Dec 30, 1999)