IN RE: Nadalija CANI (2025)

Judgment, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered July 30, 2024, denying petitioner's motion for leave to file a late notice of claim, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying the petition for leave to file a late notice of claim (see e.g. Abad v. New York City Health & Hosps. Corp., 114 A.D.3d 564, 565, 980 N.Y.S.2d 450 [1st Dept. 2014]).  In support of her petition, petitioner failed to show that respondent had actual knowledge of the essential facts underlying the claim within 90 days of the accident or a reasonable time afterward (see General Municipal Law § 50–e[5]).  Moreover, as Supreme Court noted, any possible investigation of the accident was impeded by the vagueness in the proposed notice of claim as to the location of the alleged slip and fall and as to the condition that proximately caused the accident.  Petitioner's statements to medical personnel at respondent's hospital concerning her fall did not provide adequate notice, and in any event the medical personnel were not in a position to investigate her claim (see Matter of Jaime v. City of New York, 41 N.Y.3d 531, 540, 213 N.Y.S.3d 730, 237 N.E.3d 796 [2024]).  Petitioner also did not contend that the condition of the relevant location was unchanged from the time of the accident.  Accordingly, petitioner failed to demonstrate the absence of prejudice to respondent resulting from the delay of approximately nine months in filing the notice of claim, and respondent was therefore not required to make a particularized showing of prejudice to its ability to defend on the merits (see Matter of Newcomb v. Middle Country Cent. Sch. Dist., 28 N.Y.3d 455, 467, 45 N.Y.S.3d 895, 68 N.E.3d 714 [2016];  Bornschein v. City of New York, 203 A.D.3d 570, 570, 162 N.Y.S.3d 708 [1st Dept. 2022]).

Petitioner also failed to establish a reasonable excuse for the late filing.  Although petitioner presented evidence that she was unable to effectuate service on respondent at the correct address for three months, the record shows that she waited an inordinate amount of time between attempts (see Chattergoon v. New York City Hous. Auth., 161 A.D.2d 141, 142, 554 N.Y.S.2d 859 [1st Dept. 1990], appeal dismissed 76 N.Y.2d 875, 560 N.Y.S.2d 986, 561 N.E.2d 886 [1990]).