12407N 311416/11 10-08-2015 Calvin E. Thomas, Plaintiff-Appellant, v. New York City Housing Authority, Defendant-Respondent. Burns & Harris, New York (Blake G. Goldfarb of counsel), for appellant. Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for respondent. Gonzalez, P.J., Mazzarelli, Sweeny, Manzanet-Daniels, JJ. Burns & Harris, New York (Blake G. Goldfarb of counsel), for appellant. Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Patrick J
January 9, 1997. Judgment, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered on or about November 15, 1995, which denied petitioner's application for leave to serve a late notice of claim, unanimously affirmed, without costs. Before: Sullivan, J. P., Milonas, Rosenberger, Nardelli and Mazzarelli, JJ. Petitioner's ignorance of the law is not an acceptable excuse for failing to serve a timely notice of claim ( Turkenitz v City of New York, 213 AD2d 266), and the excuse that he did
January 24, 2008. Order, Supreme Court, New York County (Louis B. York, J.), entered May 3, 2007, which, in an action for personal injuries, granted petitioner's motion for leave to serve a late notice of claim, unanimously affirmed, without costs. Before: Tom, J.P., Saxe, Friedman and Buckley, JJ. The court exercised its discretion in a provident manner in allowing petitioner to file a late notice of claim more than seven months after expiration of the 90-day filing requirement ( see General Municipal
May 4, 1998 Appeal from the Supreme Court, Kings County (Jackson, J.). Ordered that the order is affirmed, with costs. The determination of whether to grant an application for leave to serve a late notice of claim is left to the sound discretion of the court (see, Matter of Carty v. City of New York, 228 A.D.2d 592; Matter of Rudisel v. City of New York, 217 A.D.2d 702; Ortega v. New York City Hous. Auth., 167 A.D.2d 337). Here, the Supreme Court did not improvidently exercise its discretion in denying
April 9, 1991 Appeal from the Supreme Court, New York County (Leland DeGrasse, J.). On October 17, 1988, petitioner Karl Ferrer sustained injuries when he tripped on debris while working at a construction site owned by the City of New York. He consulted an attorney in March 1989, and applied April 2, 1989 for permission to file a late notice of claim under General Municipal Law § 50-e (5), alleging that he had been confined to bed except for visits to a hospital and his doctor, that the City had