267 A.D.2d 1024 700 N.Y.S.2d 903

In the Matter of Bruce Ertel et al., Appellants, v Town of Amherst, Respondent.

[700 NYS2d 903]

—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying claimants’ motion to file a late notice of claim. Claimants failed to establish that respondent had “notice or knowledge of the specific claim and not general knowledge that a wrong has been committed” (Matter of Sica v Board of Educ., 226 AD2d 542, 543; see, Matter of Morrison v New York City Health & Hosps. Corp., 244 AD2d 487, 488). Moreover, claimants failed to demonstrate a reasonable excuse for their failure to file a timely notice of claim (see, Winter v City of Geneva, 203 AD2d 939). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Notice of Claim.) Present— Green, J. P., Lawton, Pigott, Jr., Scudder and Callahan, JJ.

Ertel v. Town of Amherst
267 A.D.2d 1024 700 N.Y.S.2d 903

Case Details

Name
Ertel v. Town of Amherst
Decision Date
Dec 30, 1999
Citations

267 A.D.2d 1024

700 N.Y.S.2d 903

Jurisdiction
New York

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