Mieux v. Alden High Sch., 1 A.D.2d 995 (N.Y. App. Div. 2003). · Go Syfert
Mieux v. Alden High Sch., 1 A.D.2d 995 (N.Y. App. Div. 2003). Cases Citing This Book View Copy Cite
38 citation events (38 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Borrelli v. County of Erie
N.Y. App. Div. · 2021 · confidence medium
Dist. , 144 AD3d 1601 , 1602 [4th Dept 2016]; Brown v City of Buffalo , 100 AD3d 1439, 1440 [4th Dept 2012]; Le Mieux v Alden High School , 1 AD3d 995, 996 [4th Dept 2003]).
discussed Cited as authority (rule) Tate v. State University Construction Fund (2×)
N.Y. App. Div. · 2017 · confidence medium
Airport, 43 AD3d 537 , 539 *1866 [2007]; Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
discussed Cited as authority (rule) Ficek v. Akron Central School District (2×)
N.Y. App. Div. · 2016 · confidence medium
In support of his application, claimant offered as an excuse for failing to serve a timely notice of claim only the fact that he was an infant at the time he was diagnosed with herpes. “ ‘ [N] either infancy alone . . . nor ignorance of the law . . . provides a sufficient excuse for failure to [serve] a timely notice of claim’ ” (Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]; see Matter of Saponara v Lakeland Cent.
discussed Cited as authority (rule) FICEK, MALACHI v. AKRON CENTRAL SCHOOL DISTRICT
N.Y. App. Div. · 2016 · confidence medium
Salamanca had actual knowledge of the injuries or damages sustained by claimant, and this is not a situation where it was unaware of the “the facts . . . underlying the claim” (Williams, 6 NY3d at 537 ; cf. Diez, 140 AD3d at 1666; Le Mieux, 1 AD3d at 996).
discussed Cited as authority (rule) Ficek v. Akron Central School District (2×)
N.Y. App. Div. · 2016 · confidence medium
In support of his application, claimant offered as an excuse for failing to serve a timely notice of claim only the fact that he was an infant at the time he was diagnosed with herpes. “ ‘ [N] either infancy alone . . . nor ignorance of the law . . . provides a sufficient excuse for failure to [serve] a timely notice of claim’ ” (Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]; see Matter of Saponara v Lakeland Cent.
discussed Cited as authority (rule) Turlington ex rel. Turlington v. Brockport Central School District
N.Y. App. Div. · 2016 · confidence medium
“It is well settled that key factors for the court to consider in determining an application for leave to serve a late notice of claim are whether the claimant has demonstrated a reasonable excuse for the delay, whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter, and whether the delay would substantially prejudice the municipality in maintaining a defense on the merits” (Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
discussed Cited as authority (rule) Turlington ex rel. Turlington v. Brockport Central School District
N.Y. App. Div. · 2016 · confidence medium
“It is well settled that key factors for the court to consider in determining an application for leave to serve a late notice of claim are whether the claimant has demonstrated a reasonable excuse for the delay, whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter, and whether the delay would substantially prejudice the municipality in maintaining a defense on the merits” (Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
discussed Cited as authority (rule) Guga v. Watertown Board of Education
N.Y. App. Div. · 2014 · confidence medium
“It is well settled that key factors for the court to consider in determining an application for leave to serve a late notice of claim are whether the claimant has demonstrated a reasonable excuse for the delay, whether the [respondents] acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter, and whether the delay would substantially prejudice the [respondents] in maintaining a defense on the merits” (Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
discussed Cited as authority (rule) Guga v. Watertown Board of Education
N.Y. App. Div. · 2014 · confidence medium
“It is well settled that key factors for the court to consider in determining an application for leave to serve a late notice of claim are whether the claimant has demonstrated a reasonable excuse for the delay, whether the [respondents] acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter, and whether the delay would substantially prejudice the [respondents] in maintaining a defense on the merits” (Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
discussed Cited as authority (rule) DALTON, II, DAVID H. v. AKRON CENTRAL SCHOOLS
N.Y. App. Div. · 2013 · confidence medium
Moreover, the record establishes that claimant’s prompt notice to respondent enabled respondent to commence a timely investigation of the incident and thus there was no prejudice to respondent (cf. Le Mieux v Alden High School, 1 AD3d 995, 996-997 [2003]).
discussed Cited as authority (rule) Brown v. City of Buffalo
N.Y. App. Div. · 2012 · confidence medium
“It is well settled that key factors for the court to consider in determining an application for leave to serve a late notice of claim are whether the claimant [s] [have] demonstrated a reasonable excuse for the delay, whether [respondent] acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter, and whether the delay would substantially prejudice [respondent]” (Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
discussed Cited as authority (rule) Brown v. City of Buffalo
N.Y. App. Div. · 2012 · confidence medium
“It is well settled that key factors for the court to consider in determining an application for leave to serve a late notice of claim are whether the claimant [s] [have] demonstrated a reasonable excuse for the delay, whether [respondent] acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter, and whether the delay would substantially prejudice [respondent]” (Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
discussed Cited as authority (rule) Doe v. North Tonawanda Central School District
N.Y. App. Div. · 2011 · confidence medium
The “key factors for the court to consider . . . are whether the claimant has demonstrated a reasonable excuse for the delay, whether [respondent] acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter, and whether the delay would substantially prejudice [respondent] in maintaining a defense on the merits” (Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
examined Cited as authority (rule) Folmar v. Lewiston-Porter Central School District (4×)
N.Y. App. Div. · 2011 · confidence medium
“It is well settled that key factors for the court to consider in determining an application for leave to serve a late notice of claim are whether the claimant has demonstrated a reasonable excuse for the delay, whether [respondent] acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter, and whether the delay would substantially prejudice [respondent]” (Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
examined Cited as authority (rule) FOLMAR, MONA v. LEWISTON-PORTER CENTRAL SCHOOL DIST (3×)
N.Y. App. Div. · 2011 · confidence medium
Airport, 43 AD3d 537, 539 ; Le Mieux, 1 AD3d at 996).
discussed Cited "see" Diez v. Lewiston-Porter Central School District
N.Y. App. Div. · 2016 · signal: see · confidence high
“Respondent’s knowledge of the accident and the injury, without more, does not constitute actual knowledge of the essential facts constituting the claim” (id. [internal quotation marks omitted]; see Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
discussed Cited "see" Diez v. Lewiston-Porter Central School District
N.Y. App. Div. · 2016 · signal: see · confidence high
“Respondent’s knowledge of the accident and the injury, without more, does not constitute actual knowledge of the essential facts constituting the claim” (id. [internal quotation marks omitted]; see Le Mieux v Alden High School, 1 AD3d 995, 996 [2003]).
discussed Cited "see" DIEZ, ANDREA ROTELLA v. LEWISTON-PORTER CENTRAL SCHOOL DIST
N.Y. App. Div. · 2016 · signal: see · confidence high
“Respondent’s knowledge of the accident and the injury, without more, does not -2- 495 CA 15-01775 constitute actual knowledge of the essential facts constituting the claim” (id. [internal quotation marks omitted]; see Le Mieux v Alden High Sch., 1 AD3d 995, 996 ).
Retrieving the full opinion text from the archive…
Amber Le Mieux
v.
Alden High School
Appellate Division of the Supreme Court of the State of New York.
Nov 21, 2003.
1 A.D.2d 995
Cited by 23 opinions  |  Published

Appeal from an order of Supreme Court, Erie County (Michalek, J.), entered August 2, 2002, which denied the application of claimant for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

[*996] Memorandum: Claimant, a 17-year-old high school student, injured her knee while participating in a high school track meet on May 4, 2000. By application dated February 19, 2002, claimant sought leave to serve a late notice of claim on respondents for that injury pursuant to General Municipal Law § 50-e (5). Supreme Court properly exercised its discretion in denying the application. It is well settled that key factors for the court to consider in determining an application for leave to serve a late notice of claim are whether the claimant has demonstrated a reasonable excuse for the delay, whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days of its accrual or within a reasonable time thereafter, and whether the delay would substantially prejudice the municipality in maintaining a defense on the merits (see Williams v City of Niagara Falls, 244 AD2d 1006 [1997]). Here, all three of those factors weigh against granting the application.

With respect to claimant’s failure to offer a reasonable excuse for the delay, we note that “neither infancy alone . . . nor ignorance of the law . . . provides a sufficient excuse for failure to [serve] a timely notice of claim” (Harris v City of New York, 297 AD2d 473, 473 [2002], lv denied 99 NY2d 503 [2002]). Contrary to the further contention of claimant, she failed to establish that respondents “acquired actual knowledge of the essential facts constituting the claim” within 90 days of her injury or within a reasonable time thereafter (General Municipal Law § 50-e [5]). The proposed notice of claim alleges that claimant was injured upon landing a long jump due to an insufficient amount of sand in the long jump landing pit, but respondents were not made aware of that allegation concerning the insufficient amount of sand until service of the instant application, approximately 21 months after the injury. Thus, although it is undisputed that respondents’ employees had knowledge that claimant sustained an injury inasmuch as respondents’ track coaches were present at the time of the injury, respondents did not acquire knowledge of the “essential facts constituting the claim” until approximately 21 months later (§ 50-e [5]; see Matter of Brown v County of Westchester, 293 AD2d 748, 749 [2002]; Matter of Ertel v Town of Amherst, 267 AD2d 1024 [1999]; Matter of Morrison v New York City Health & Hosps. Corp., 244 AD2d 487, 488 [1997]; cf. Bazer v Town of Walworth, 277 AD2d 994 [2000]). In addition, respondents established that they were “substantially prejudiced” by the delay (§ 50-e [5]). Because of the lapse of time and subsequent routine maintenance of the landing pit, respondents were deprived of any opportunity to investigate the quantity of sand in the landing pit at the time of[*997] claimant’s injury (see Harris, 297 AD2d at 474; Morrison, 244 AD2d at 488). Present—Pine, J.P, Hurlbutt, Kehoe, Lawton and Hayes, JJ.