Matter of Defonce v Village of Port Chester

Holding The court affirmed the denial of the petition for leave to serve a late notice of claim because the petitioner failed to establish that the municipality had actual knowledge of the essential facts constituting the claim within 90 days. Additionally, the petitioner did not demonstrate a reasonable excuse for the delay or show that the delay would not substantially prejudice the municipality’s defense.

The court’s words

neither the police report prepared by the responding officer from the Tarrytown Police Department nor the Village of Port Chester officer's line-of-duty injury report or workers' compensation forms provided the Village of Port Chester with actual knowledge of the essential facts constituting the claim

2026 NY Slip Op 05786, at the official text

the excuse offered by the petitioner, that he did not readily appreciate the severity of his injuries, was unacceptable without supporting medical evidence explaining why the extent of his injuries and disability took so long to become apparent

2026 NY Slip Op 05786, at the official text