Matter of T. C. v New York City Dept. of Educ.

Holding The Appellate Division affirmed the denial of leave to serve a late notice of claim because the petitioners failed to demonstrate that the Department of Education had actual knowledge of the essential facts constituting the claim. The court determined that the submitted reports indicated the crowd merely furnished the occasion for the accident, rather than showing that the municipality committed a potentially actionable wrong through negligent supervision.

The court’s words

the public corporation must have knowledge of the facts that underlie the legal theory or theories on which liability is predicated in the notice of claim

2026 NY Slip Op 06308, at the official text

it is well established that schools cannot reasonably be expected to continuously supervise and control all movements and activities of students

2026 NY Slip Op 06308, at the official text

From the reports submitted in support of the petition, it appeared that the crowd merely furnished the occasion for the accident

2026 NY Slip Op 06308, at the official text