General Municipal Law § 50-e[1][a],[5]

Practice point: Standing alone, the failure to proffer a reasonable excuse for delay in serving a notice of claim is not fatal to a motion for leave to file a late notice. However, without it, plaintiffs must demonstrate that the City had timely actual notice of the claim and suffered no prejudice by reason of the delay.

Case: Santopietro v. City of New York, NY Slip Op 03125 (1st Dept. 2008)