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Matter of Albers v. County of Suffolk

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 526 (N.Y. App. Div. 1996)

Opinion

April 15, 1996

Appeal from the Supreme Court, Suffolk County (Underwood, J.).


Ordered that the order is affirmed, with costs.

The proposed notice of claim alleges that the respondent, County of Suffolk, was negligent in its maintenance of the County Center located in Riverhead, New York. The proposed notice of claim also states that, at approximately 10:00 A.M. on January 13, 1992, the petitioner somehow injured her wrist as the result of the respondent's alleged negligence.

The respondent's attorney correctly noted in his affirmation in opposition that the proposed notice of claim did not indicate the exact location of the accident or the nature of the respondent's alleged negligence. Moreover, the petitioner failed to demonstrate by competent evidence that the respondent had actual notice of the incident. Under these circumstances, the Supreme Court properly denied the petitioner's application for leave to serve a late notice of claim ( e.g., Washington v. City of New York, 72 N.Y.2d 881). Bracken, J.P., O'Brien, Santucci and Goldstein, JJ., concur.


Summaries of

Matter of Albers v. County of Suffolk

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 526 (N.Y. App. Div. 1996)
Case details for

Matter of Albers v. County of Suffolk

Case Details

Full title:In the Matter of THERESA ALBERS, Appellant, v. COUNTY OF SUFFOLK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 15, 1996

Citations

226 A.D.2d 526 (N.Y. App. Div. 1996)
641 N.Y.S.2d 81

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