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MATTER OF BAUM v. CITY OF NEW YORK

573, 160258/14.

137 A.D.3d 611 (2016)

26 N.Y.S.3d 849

2016 NY Slip Op 02038

In the Matter of WAYNE BAUM, Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 22, 2016.

Although the absence of a reasonable excuse does not compel denial of an application for leave to file a late notice of claim (see Matter of Brennan v Metropolitan Transp. Auth., 110 A.D.3d 437 [1st Dept 2013]), petitioner has failed to demonstrate that respondent had actual knowledge of the claim within the statutory 90-day service period or a reasonable time thereafter (see Gonzalez v City of New York, 92...

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