In the case of G. v. City of New York, the petitioner, VG, sought permission to serve a late notice of claim against the City of New York after allegedly tripping and falling on a sidewalk defect in Queens on July 31, 2022. She initiated this proceeding on November 18, 2022, under General Municipal Law § 50-e(5), which allows for late notice of claims under certain conditions.
G. argued that her head injury caused confusion, leading her to initially misidentify the responsible party. However, the Queens County Supreme Court denied her petition on March 1, 2023, and dismissed the proceeding. The court found that Gutierrez failed to provide a reasonable excuse for the delay and did not demonstrate that the City had timely, actual knowledge of the essential facts constituting the claim.
On appeal, the Appellate Division, Second Department, noted that for a municipality to have actual knowledge, it must be aware of the facts underlying the legal theory of liability. G's reliance on a 2003 Big Apple map, which did not contain information about her fall, was deemed insufficient. Additionally, the late notice of claim served without court leave was too late to provide the City with actual knowledge within a reasonable time after the statutory period expired.
G's assertions that the City did not suffer substantial prejudice were also found to be inadequate. The AD2 noted that the condition of the sidewalk was considered "transitory," and G. failed to present evidence that the City would not be prejudiced by the delay.
Ultimately, the AD2 affirmed the dismissal of the proceeding, highlighting the importance of timely and substantiated claims in municipal liability cases.
No taking a late bite at The Apple.
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DECISION