Matter of Connolly v City of New York

Holding The court affirmed the denial of leave to file a late notice of claim because the petitioner failed to prove the City had actual knowledge of the essential facts of his claim or that the City was not prejudiced by the delay. Additionally, the petitioner failed to provide a reasonable excuse for the delay, as his claim of incapacity was contradicted by his own affidavit.

The court’s words

petitioner failed to sustain his burden of establishing that respondent The City of New York had actual knowledge of the essential facts of his claim

2026 NY Slip Op 06383, at the official text

these documents established only that police officers were present on the scene, and that petitioner's motorcycle crashed into a stopped police vehicle

2026 NY Slip Op 06383, at the official text

petitioner failed to sustain his burden of showing that the City was not prejudiced by the delay in filing

2026 NY Slip Op 06383, at the official text

petitioner did not provide any medical records or other evidence corroborating his claim of incapacity

2026 NY Slip Op 06383, at the official text

he was still able to attend court appearances and medical treatments, and would have timely served his notice of claim

2026 NY Slip Op 06383, at the official text