Matter of Gomez
City of New York

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentMay 14, 1998
673 N.Y.S.2d 109 (N.Y. App. Div. 1998)
673 N.Y.S.2d 109250 A.D.2d 443

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May 14, 1998

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).

The application, made six months after the accident, was properly denied on the ground that the delay substantially prejudiced respondent's ability to investigate the alleged sidewalk defect and other circumstances surrounding the accident ( see, Turkenitz v. City of New York, 213 A.D.2d 266). The listing of the alleged sidewalk defect on a map filed by the Big Apple Pothole and Sidewalk Protection Corporation did not give respondent actual knowledge of the essential facts constituting petitioner's claim or otherwise alleviate the prejudice caused by the delay ( see, Matter of Adlowitz v. City of New York, 205 A.D.2d 369). To the extent petitioner argues that her lateness should be excused because she did not realize the severity of her injury, and therefore did not hire an attorney, until advised of the need for surgery four and a half months after the accident, such an excuse cannot be accepted in the absence of supporting medical evidence ( see, Gaudio v. City of New York, 235 A.D.2d 228).

Concur — Sullivan, J.P., Rosenberger, Williams and Tom, JJ.