Practice point: General Municipal Law § 50-e(7) provides, in pertinent part, that "[w]here
the application is for leave to serve a late notice of claim, it shall
be accompanied by a copy of the proposed notice of claim." Here, no
proposed notice of claim was submitted with the cross motion. This was
sufficient justification by itself to deny the cross motion.
Student note: In any event, the plaintiffs did not demonstrate a reasonable
excuse for their failure to serve a timely notice of claim upon the Fire
Department. The plaintiffs' unsubstantiated claim of
law office failure by their former attorney does not constitute a
reasonable excuse for the failure to serve a timely notice of claim.
Case: Grasso v. Nassau County, NY Slip Op 05674 (2d Dept. 2013).
Here is the decision.
Tuesday's issue: Conditional language in a purported admission.
