Matter of Nash v New York City Tr. Auth.

Holding The Appellate Division reversed the lower court’s denial of the petition, granting the request to deem the late notice of claim timely served nunc pro tunc. The court found that the petitioner demonstrated a reasonable excuse for the delay due to his severe injuries and that the respondents had actual knowledge of the claim without substantial prejudice.

The court’s words

the petitioner demonstrated that the respondents acquired actual knowledge of the essential facts constituting the claim within 90 days of the accident

2026 NY Slip Op 05399, at the official text

the petitioner sufficiently established a reasonable excuse for his delay in serving a notice of claim based on his preoccupation with his injuries

2026 NY Slip Op 05399, at the official text

the respondents failed to come forward with particularized evidence showing that the late notice substantially prejudiced their ability to defend the claim

2026 NY Slip Op 05399, at the official text