Practice point: The Appellate Division affirmed the granting of the motion in this action for personal injuries allegedly suffered by petitioner
when he was involved in a multi-vehicle accident. Although petitioner
failed to proffer a reasonable excuse for his delay in timely serving a
notice, he demonstrated that respondent had actual notice of the essential facts constituting his claim. The police department's accident reports and records, which include a
witness statement from a Sanitation supervisor,
sufficiently connected the accident to the City's negligence in
maintaining the road. As the reports and records show that the incident was
caused by an icy condition on the roadway, the
City was sufficiently apprised of petitioner's claim.
Student note: Any alleged prejudice is undermined by the police
department's contemporaneous investigation, which included interviewing
witnesses and taking photographs of the location as it existed at the
time of the accident. Even if the City might be prejudiced by a delay in
seeking witnesses who are knowledgeable about the road maintenance
procedures at the time of the accident, Sanitation's road inspection and maintenance records are available.
Case: Sosa v. City of New York, NY Slip Op 00615 (1st Dept. 2015)
Here is the decision.
Tomorrow's issue: Summary judgment on Labor Law claims, denied in part and granted in part.
