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Nelson Perez, Petitioner-Appellant v. Battery Park City Authority

New York Supreme and/or Appellate Courts Appellate Division, First Department


November 13, 2012

NELSON PEREZ, PETITIONER-APPELLANT,
v.
BATTERY PARK CITY AUTHORITY, RESPONDENT-RESPONDENT.

Perez v Battery Park City Auth.

Decided on November 13, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Saxe, Catterson, Acosta, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered May 16, 2011, which, to the extent appealed from as limited by the briefs, denied the petition for leave to file a late notice of claim, unanimously affirmed, without costs.

Petitioner's alleged inability to identify the proper party to sue is not a reasonable excuse for failing to serve a timely notice of claim (see Arias v New York City Hous. Auth., 40 AD3d 298, 299 [1st Dept 2008]). Petitioner does not even attempt to argue that respondent acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter (see General Municipal Law § 50-e [5]). Nor has he demonstrated a lack of prejudice from the delay (see Matter of Lauray v City of New York, 62 AD3d 467 [1st Dept 2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 13, 2012

CLERK

20121113

© 1992-2012 VersusLaw Inc.



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