Paige Leeds v. Port Washington Union Free Sch. Dist., 55 A.D.3d 734 (N.Y. App. Div. 2008). · Go Syfert
Paige Leeds v. Port Washington Union Free Sch. Dist., 55 A.D.3d 734 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
51 citation events (51 in the last 25 years) across 2 distinct courts.
Strongest positive: Kellman v. Hauppauge Union Free School District (nyappdiv, 2014-08-20)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Kellman v. Hauppauge Union Free School District
N.Y. App. Div. · 2014 · confidence medium
The coach also admitted to the infant plaintiff’s father that he had allowed the infant plaintiff “to play goalie during the game and [he] shouldn’t have” and told the infant plaintiff that “he will definitely get fired for what happened.” Accordingly, the defendants had actual knowledge of the essential facts underlying the legal theories on which liability is predicated well within the 90-day statutory period (see Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735 [2008]; Gibbs v City of New York, 22 AD3d 717, 719 [2005]; Matter of Schiffman v City of New…
discussed Cited as authority (rule) Allstate Insurance v. Washingtonville Central School District
N.Y. App. Div. · 2013 · confidence medium
Moreover, the petitioner met its initial burden of demonstrating a lack of substantial prejudice to the respondent should service of the late notice of claim be allowed (see Kim L. v Port Jervis City School Dist., 77 AD3d 627, 629-630 [2010]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735-736 [2008]; Matter of Felice v Eastport/South Manor Cent.
discussed Cited as authority (rule) Allstate Insurance v. Washingtonville Central School District
N.Y. App. Div. · 2013 · confidence medium
Moreover, the petitioner met its initial burden of demonstrating a lack of substantial prejudice to the respondent should service of the late notice of claim be allowed (see Kim L. v Port Jervis City School Dist., 77 AD3d 627, 629-630 [2010]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735-736 [2008]; Matter of Felice v Eastport/South Manor Cent.
cited Cited as authority (rule) Claud v. West Babylon Union Free School District
N.Y. App. Div. · 2013 · confidence medium
Ctr., 6 NY3d 531, 539 [2006]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735 [2008]).
cited Cited as authority (rule) Claud v. West Babylon Union Free School District
N.Y. App. Div. · 2013 · confidence medium
Ctr., 6 NY3d 531, 539 [2006]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735 [2008]).
discussed Cited as authority (rule) Allstate Insurance v. Washingtonville Central School District
N.Y. App. Div. · 2013 · confidence medium
Moreover, the petitioner met its initial burden of demonstrating a lack of substantial prejudice to the respondent should service of the late notice of claim be allowed (see Kim L. v Port Jervis City School Dist., 77 AD3d 627, 629-630 [2010]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735-736 [2008]; Matter of Felice v Eastport/South Manor Cent.
discussed Cited as authority (rule) Allstate Insurance v. Washingtonville Central School District
N.Y. App. Div. · 2013 · confidence medium
Moreover, the petitioner met its initial burden of demonstrating a lack of substantial prejudice to the respondent should service of the late notice of claim be allowed (see Kim L. v Port Jervis City School Dist., 77 AD3d 627, 629-630 [2010]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735-736 [2008]; Matter of Felice v Eastport/South Manor Cent.
cited Cited as authority (rule) Viola v. Ronkonkoma Middle School
N.Y. App. Div. · 2013 · confidence medium
Dist., 102 AD3d 689 , 690 [2013]; Matter of Whittaker v New York City Bd. of Educ., 71 AD3d 776, 777-778 [2010]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735 [2008]).
cited Cited as authority (rule) Viola v. Ronkonkoma Middle School
N.Y. App. Div. · 2013 · confidence medium
Dist., 102 AD3d 689 , 690 [2013]; Matter of Whittaker v New York City Bd. of Educ., 71 AD3d 776, 777-778 [2010]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735 [2008]).
discussed Cited as authority (rule) Rodriguez v. Woodhull School
N.Y. App. Div. · 2013 · confidence medium
Here, the Fire Island Union Free School District (hereinafter the District) acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose (see Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735 [2008]; Gibbs v City of New York, 22 AD3d 717, 719 [2005]; Bovich v East Meadow Pub.
discussed Cited as authority (rule) Rodriguez v. Woodhull School
N.Y. App. Div. · 2013 · confidence medium
Here, the Fire Island Union Free School District (hereinafter the District) acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose (see Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735 [2008]; Gibbs v City of New York, 22 AD3d 717, 719 [2005]; Bovich v East Meadow Pub.
discussed Cited as authority (rule) Lavender v. Garden City Union Free School District
N.Y. App. Div. · 2012 · confidence medium
Furthermore, the petitioner met her initial burden of demonstrating a lack of substantial prejudice to the appellant should service of the late notice of claim be allowed (see Kim L. v Port Jervis City School Dist., 77 AD3d 627, 629-630 [2010]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735-736 [2008]; Matter of Felice v Eastport/South Manor Cent.
discussed Cited as authority (rule) St. Paul Guardian Insurance Corporation v. Pocatello Fire District
N.Y. App. Div. · 2011 · confidence medium
Finally, the absence of a reasonable excuse for the delay does not bar the granting of the petition for leave to serve a late notice of claim where, as here, there is actual knowledge and an absence of prejudice (see Matter of Whittaker v New York City Bd. of Educ., 71 AD3d 776, 778 [2010]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735 [2008]; Matter of Rivera-Guallpa v County of Nassau, 40 AD3d 1001, 1002 [2007]).
discussed Cited as authority (rule) Davis v. County of Westchester
N.Y. App. Div. · 2010 · confidence medium
Here, because the petition for leave to serve a late notice of claim was timely filed within the applicable statute of limitations period, the absence of a reasonable excuse for the delay is not necessarily dispositive when weighed against other relevant factors (see Matter of Kumar v City of New York, 52 AD3d 517, 518 [2008]; Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735 [2008]).
discussed Cited as authority (rule) Hubbard ex rel. Hubbard v. County of Madison
N.Y. App. Div. · 2010 · confidence medium
Significantly, “[t]he presence or absence of any one of these factors is not necessarily determinative” (Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 734 [2008]; see Williams v Nassau County Med.
discussed Cited as authority (rule) Whittaker v. New York City Board of Education
N.Y. App. Div. · 2010 · confidence medium
That the petitioner failed to provide a reasonable excuse for her failure to serve a timely notice of claim is not dispositive (see Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 736 [2008]).
discussed Cited as authority (rule) Schwindt v. County of Essex
N.Y. App. Div. · 2009 · confidence medium
No single factor is dispositive (see Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 734-735 [2008]) and, absent a clear abuse of discretion, Supreme Court’s determination in this regard will not be disturbed (see Matter of Hinton v New Paltz Cent.
cited Cited "see" Nurse v. City of New York
N.Y. App. Div. · 2011 · signal: see · confidence high
School Dist., 50 AD3d at 148 ; see Matter of Leeds v Port Washington Union Free School Dist., 55 AD3d 734, 735 [2008]).
Retrieving the full opinion text from the archive…
In the Matter of Paige Leeds
v.
Port Washington Union Free School District
Appellate Division of the Supreme Court of the State of New York.
Oct 14, 2008.
55 A.D.3d 734
Cited by 35 opinions  |  Published

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim upon the Port Washington Union Free School District, the Port Washington Union Free School District appeals from an order of the Supreme Court, Nassau County (McCormack, J.), dated November 28, 2007, which granted the petition.

Ordered, that the order is affirmed, with costs.

To commence a tort action against a municipality or school district, General Municipal Law § 50-e (1) (a) requires a claimant to serve a notice of claim upon that municipality or school district within 90 days of the date that the claim arose (see Jordan v City of New York, 41 AD3d 658, 659 [2007]). Pursuant to General Municipal Law § 50-e (5), the court may, in its discretion, extend the time to serve a notice of claim (see Williams v Nassau County Med. Ctr., 6 NY3d 531, 535 [2006]; Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d 138 [2008]; Matter of Lodati v City of New York, 303 AD2d 406, 406-407 [2003]). In determining whether or not to grant leave to serve a late notice of claim, a court must consider: (1) whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or within a reasonable time thereafter; (2) whether the petitioner was an infant or mentally or physically incapacitated; (3) whether the petitioner had a reasonable excuse for the failure to serve a timely notice of claim; and (4) whether the delay would substantially prejudice the public corporation in maintaining its defense (see General Municipal Law § 50-e [5]; Matter of Melissa G. v North Babylon Union Free School Dist., 50 AD3d 901 [2008]; Jordan v City of New York, 41 AD3d at 659; Matter of Lodati v City of New York, 303 AD2d at 407). The presence or absence of any one of these factors is not necessarily determinative (see Matter of Dell'Italia v Long Is. R.R. Corp., [*735] 31 AD3d 758, 759 [2006]; Salvaggio v Western Regional Off-Track Betting Corp., 203 AD2d 938, 939 [1994]), and the absence of a reasonable excuse is not necessarily fatal (see Jordan v City of New York, 41 AD3d 658, 659 [2007]; Matter of March v Town of Wappinger, 29 AD3d 998, 999 [2006]). “However, whether the public corporation acquired timely actual knowledge of the essential facts constituting the claim is seen as ‘a factor which should be accorded great weight’ ” (Matter of Dell'Ttalia v Long Is. R.R. Corp., 31 AD3d 758, 759 [2006], quoting Matter of Morris v County of Suffolk, 88 AD2d 956, 956 [1982], affd 58 NY2d 767 [1982]; see Matter of Battle v City of New York, 261 AD2d 614, 615 [1999]). “In order to have actual knowledge of the essential facts constituting the claim, the public corporation must have knowledge of the facts that underlie the legal theory or theories on which liability is predicated in the notice of claim; the public corporation need not have specific notice of the theory or theories themselves” (Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d at 148).

Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting the petition pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim. The record clearly indicates that the appellant received timely actual notice of the essential facts constituting the claim within the 90-day statutory period, or within a reasonable time thereafter (see Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d at 149-150). Immediately following the occurrence of the incident, the actions taken by the appellant’s employees placed it on notice of the infant petitioner’s accident and any potential claim that might arise therefrom. In particular, the appellant’s employee witnessed the infant petitioner’s accident, which occurred on a sanctioned school field trip, and prepared a student incident report within 24 hours of the accident. In addition, the school’s principal, also an employee of the appellant, reviewed the student incident report within two days of the accident, and, due to the injuries sustained by the infant petitioner, the principal provided the petitioners with a medical claim form within four days of the accident (see Gibbs v City of New York, 22 AD3d 717, 719 [2005]; Matter of Schiffman v City of New York, 19 AD3d 206, 207 [2005] ; Ayala v City of New York, 189 AD2d 632, 633 [1993]; see also Matter of Vasquez v City of Newburgh, 35 AD3d 621, 623 [2006] ).

Furthermore, by demonstrating that the appellant acquired timely knowledge of the essential facts of the claim, the petitioners met their initial burden of establishing a lack of substantial[*736] prejudice to the appellant should late service of the notice of claim be allowed (see Jordan v City of New York, 41 AD3d at 660; Gibbs v City of New York, 22 AD3d 717, 719 [2005]; Matter of Schiffman v City of New York, 19 AD3d at 207; see also Williams v Nassau County Med. Ctr., 6 NY3d at 539). The appellant’s conclusory assertion that it will be unable to investigate the petitioners’ claim due to the passage of time was insufficient to overcome the petitioners’ showing of a lack of substantial prejudice (see Jordan v City of New York, 41 AD3d at 660; Gibbs v City of New York, 22 AD3d at 720). The absence of a reasonable excuse for the delay does not bar the court from granting leave to serve a late notice of claim, since here, there is actual notice and an absence of prejudice (see Matter of Rivera-Guallpa v County of Nassau, 40 AD3d 1001, 1002 [2007]; Gibbs v City of New York, 22 AD3d 717, 720 [2005]; Montero v New York City Health & Hosps. Corp., 17 AD3d 550, 550-551 [2005]; Matter of Hendershot v Westchester Med. Ctr., 8 AD3d 381, 382 [2004]).

Accordingly, the Supreme Court providently exercised its discretion in granting the petition. Skelos, J.E, Ritter, Florio and Dickerson, JJ., concur.