Matter of Newson v. City of New York
New York Supreme Court, Appellate Division
87 A.D.2d 630, 448 N.Y.S.2d 224 (1982)
- Written by Steven Pacht, JD
Facts
Ulysses Newson and other claimants (claimants) (plaintiffs) against the City of New York (city) (defendant) asked the supreme court for leave to file a late notice of claim against the city regarding allegedly negligent medical treatment that Newson received at a city-owned hospital. Specifically, the claimants sought a four-and-one-half month extension to serve a notice of claim. The supreme court denied the claimants’ requests, opining that such extensions should be granted only in exceptional circumstances, which were not present in this case. The claimants appealed, relying on the 1976 amendment to General Municipal Law § 50-e, which the claimants argued granted courts the discretion to allow late notices of claim if, for example, the city or those acting for the city had factual knowledge of the essential facts of the claim. Per the claimants, the city had such factual knowledge in this case because the city had hospital records that documented the treatments that Newson received at the hospital and because the city’s agents provided the allegedly negligent medical services.
Rule of Law
Issue
Holding and Reasoning ()
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