Practice point: Petitioner's contention that he failed to timely file the notice because he was unaware of the extent of his injuries is unavailing as the record shows that he stopped working the day of the injury and subsequently filed a claim for Workers'
Compensation. Even accepting petitioner's assertion that he
did not know that he required surgery until May, he failed to
explain why he waited until August to serve the notice. In addition, petitioner did not demonstrate that the agency acquired actual notice
of the essential facts within 90 days after the claim arose or a
reasonable time thereafter. The
report prepared shortly after the accident did not give the agency actual knowledge of the facts constituting the claim
alleging liability under the Labor Law as it fails to connect the incident to any claim
against the agency. It merely states that petitioner was injured while
lifting plywood at the school, and makes no mention of
petitioner's present allegations that the scaffolding and the flooring were not
properly secured; he was not equipped with proper safety devices; and on-site personnel were inadequately trained.
Student note: Ignorance of the requirements of General Municipal Law § 50-e is not a
reasonable excuse for failure to timely file a notice.
Case: Mehra v. City of New York, NY Slip Op 08019 (1st Dept. 2013)
Here is the decision.
Tomorrow's issue: An untimely summary judgment motion.
