Practice point: Ignorance of the notice of claim requirement is not a reasonable excuse for failure to timely serve.
Students should note that petitioner must establish that late notice would not be prejudicial, and that the City had actual knowledge of the essential facts within 90 days of the claim's accrual.
Case: Bush v. City of New York, NY Slip Op 06417 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
