AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

FLORENCE PANTELUP et al., Appellants, v. CITY OF NEW YORK, Respondent.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contentions, the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' application for leave to file a late notice of claim (see, General Municipal Law § 50-e). The record reveals that a period of approximately nine months elapsed before the plaintiffs sought leave to file a late notice of claim in connection with an alleged slip and fall accident which occurred in Richmond County. The foregoing delay, considered in conjunction with the transitory nature of the alleged defect (see, Caselli v. City of New York, 105 A.D.2d 251, 253) and the failure of the plaintiffs to provide a reasonable excuse for their inaction, amply supports the Supreme Court's exercise of discretion in denying leave to file a late notice of claim. Bracken, J.P., Sullivan, O'Brien and Ritter, JJ., concur.

Use AI to get other relevant cases.

Comments

PANTELUP v. CITY OF NEW YORK
(Oct 28, 1991)