Matter of Tkebuchava v New York City Tr. Auth.

Holding The court reversed the lower court’s denial of leave to serve a late notice of claim, finding that the public corporation had actual knowledge of the essential facts of the accident and that no substantial prejudice was demonstrated. Consequently, the petitioner’s failure to provide a reasonable excuse for the delay did not bar the granting of the petition.

The court’s words

the petitioner demonstrated that NYCTA had actual knowledge of the essential facts constituting the petitioner's claim

2026 NY Slip Op 05543, at the official text

NYCTA failed to make any particularized evidentiary showing that it would be substantially prejudiced if the late notice was allowed

2026 NY Slip Op 05543, at the official text

the petitioner's failure to provide a reasonable excuse for the delay in serving the notice of claim did not serve as a bar to granting leave to serve a late notice of claim

2026 NY Slip Op 05543, at the official text