September 3, 2019

General Municipal Law § 50-e(5).

Where there is an unexplained delay in seeking leave to serve a late notice of claim, the petitioner bears the initial burden of presenting some evidence or plausible argument that granting the petition would not substantially prejudice the City in maintaining its defense on the merits.

Galicia v. City of New York, NY Slip Op 06393 (2d Dep't August 28, 2019)

Here is the decision.