Wright v. City of New York, 99 A.D.3d 717 (N.Y. App. Div. 2012). · Go Syfert
Wright v. City of New York, 99 A.D.3d 717 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
29 citation events (29 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Crawford v. City of New York (nyappdiv, 2025-04-23)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Crawford v. City of New York
N.Y. App. Div. · 2025 · confidence medium
The Supreme Court properly declined to consider the petitioner's medical records, which were improperly submitted to the court by the petitioner for the first time with his reply papers ( see Matter of Wright v City of New York , 99 AD3d 717, 719; Conte v Valley Stream Cent.
discussed Cited as authority (rule) Matter of Kristen B. v. Steven Z.
N.Y. App. Div. · 2021 · confidence medium
Assuming the truth of the allegations in the amended petition and according petitioner the benefit of every favorable inference, we conclude that the facts alleged in the amended petition do not fit into any of the specified grounds for vacatur of an acknowledgment of paternity more than 60 days after it was executed ( Matter of Joshua AA. v Jessica BB. , 132 AD3d 1107, 1108 [3d Dept 2015]; Matter of Ronnyeh R. v Gwendolyn M. , 99 AD3d 717, 717 [2d Dept 2012]; see also Demetrius H. , 35 AD3d at 1216 ).
discussed Cited as authority (rule) Matter of Government Employees Ins. Co. v. Suffolk County Police Dept.
N.Y. App. Div. · 2017 · confidence medium
The excuses asserted by the petitioner’s attorney were improperly raised for the first time in the reply papers and, therefore, were not properly before the Supreme Court (see Matter of Anderson v New York City Dept. of Educ., 102 AD3d 958 , 959 [2013]; Matter of Bell v City of New York, 100 AD3d 990, 991 [2012]; Matter of Wright v City of New York, 99 AD3d 717, 719 [2012]).
discussed Cited as authority (rule) Matter of Ronness v. City of New York
N.Y. App. Div. · 2017 · confidence medium
The petitioner also failed to demonstrate a reasonable excuse for her failure to serve a timely notice of claim (see Matter of Maggio v City of New York, 137 AD3d 1282, 1283 [2016]; Matter of Bell v City of New York, 100 AD3d 990 [2012]; Matter of Wright v City of New York, 99 AD3d 717, 718 [2012]; Matter of Valentine v City of New York, 72 AD3d 981, 982 [2010]; Matter of Portnov v City of Glen Cove, 50 AD3d 1041, 1042-1043 [2008]).
discussed Cited as authority (rule) Cuccia v. Metropolitan Transportation Authority
N.Y. App. Div. · 2017 · confidence medium
Dist., 128 AD3d 976, 978 [2015]; Matter of Wright v City of New York, 99 AD3d 717, 718 [2012]; Matter of Wright v City of New York, 66 AD3d at 1038 ; Matter of Portnov v City of Glen Cove, 50 AD3d 1041 [2008]).
discussed Cited as authority (rule) Matter of Mohamed v. New York City
N.Y. App. Div. · 2016 · confidence medium
Furthermore, the petitioner failed to establish that his delay in seeking leave to serve a notice of claim would not substantially prejudice the respondent in defending the claim on the merits (see Matter of Minkowicz v City of New York, 100 AD3d 1000, 1000-1001 [2012]; Matter of Wright v City of New York, 99 AD3d 717, 719 [2012]).
discussed Cited as authority (rule) Matter of Maggio v. City of New York
N.Y. App. Div. · 2016 · confidence medium
The petitioner failed to demonstrate that he was mentally incapacitated to such an extent that he could not have complied with the statutory requirement to serve a timely notice of claim (see Matter of Wright v City of New York, 99 AD3d 717, 718 [2012]; Matter of Valentine v City of New York, 72 AD3d 981, 982 [2010]; Matter of Portnov v City of Glen Cove, 50 AD3d 1041, 1042-1043 [2008]).
discussed Cited as authority (rule) Matter of Joshua AA. v. Jessica BB.
N.Y. App. Div. · 2015 · confidence medium
Therefore, Family Court properly sua sponte dismissed petitioner’s petition because, even “[a]ssuming the truth of the allegations in the petition, and according the petitioner the benefit of every favorable inference, the facts alleged do not fit into any of the grounds for vacatur of an acknowledgment of paternity” (Matter of Ronnyeh R. v Gwendolyn M., 99 AD3d 717, 717 [2012] [citation omitted]; see Matter of Panzer v Wood, 100 AD3d 1119 , 1119-1120 [2012], lv dismissed 20 NY3d 1001 [2013]; compare Matter of Siearra L. [Deborah L.], 130 AD3d 1184, 1186 [2015]).
discussed Cited as authority (rule) Matter of Thill v. North Shore Cent. School Dist.
N.Y. App. Div. · 2015 · confidence medium
In addition, the petitioners failed to establish, through medical documentation, that the petitioners’ injuries from the accident were so substantial as to prevent both of them from being able to comply with the 90-day statutory period for timely service of a notice of claim (see Matter of Wright v City of New York, 99 AD3d 717, 718 [2012]; Matter of Taylor v County of Suffolk, 90 AD3d 769, 770 [2011]).
cited Cited as authority (rule) Claud v. West Babylon Union Free School District
N.Y. App. Div. · 2013 · confidence medium
Matter of Wright v City of New York, 99 AD3d 717, 719 [2012]).
cited Cited as authority (rule) Claud v. West Babylon Union Free School District
N.Y. App. Div. · 2013 · confidence medium
Matter of Wright v City of New York, 99 AD3d 717, 719 [2012]).
discussed Cited as authority (rule) Viola v. Ronkonkoma Middle School
N.Y. App. Div. · 2013 · confidence medium
While the petitioners’ excuses for their failure to serve a timely notice of claim were not reasonable (see Matter of Wright v City of New York, 99 AD3d 717, 718 [2012]; Rowe v Nassau Health Care Corp., 57 AD3d 961, 963 [2008]; Matter of Termini v Valley Stream Union Free School Dist.
discussed Cited as authority (rule) Viola v. Ronkonkoma Middle School
N.Y. App. Div. · 2013 · confidence medium
While the petitioners’ excuses for their failure to serve a timely notice of claim were not reasonable (see Matter of Wright v City of New York, 99 AD3d 717, 718 [2012]; Rowe v Nassau Health Care Corp., 57 AD3d 961, 963 [2008]; Matter of Termini v Valley Stream Union Free School Dist.
Retrieving the full opinion text from the archive…
In the Matter of Sandra Wright
v.
City of New York
Appellate Division of the Supreme Court of the State of New York.
Oct 3, 2012.
99 A.D.3d 717
Cited by 258 opinions  |  Published

[*718] To commence a tort action against a municipality, a claimant must serve a notice of claim within 90 days after the claim arises (see General Municipal Law § 50-e [1] [a]). Pursuant to General Municipal Law § 50-e (5), the court may, in its discretion, extend the time to serve a notice of claim (see Matter of Lodati v City of New York, 303 AD2d 406 [2003]). In determining whether to grant the extension, the court must consider certain factors, including, inter alia, whether the claimant demonstrated a reasonable excuse for failing to serve a timely notice of claim, whether the municipality acquired actual knowledge of the facts constituting the claim within 90 days of its accrual or a reasonable time thereafter, and whether the delay would substantially prejudice the municipality in defending on the merits (see General Municipal Law § 50-e [5]; Matter of Acosta v City of New York, 39 AD3d 629, 630 [2007]; Matter of Henriques v City of New York, 22 AD3d 847, 848 [2005]; Matter of Hicks v City of New York, 8 AD3d 566, 566-567 [2004]). While no one factor is determinative, whether the municipality received actual knowledge of the facts constituting the claim in a timely manner is a factor that should be accorded great weight (see Matter of Burgess v County of Suffolk, 56 AD3d 769, 771 [2008]; Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d 138, 147 [2008]; Matter of Dell’Italia v Long Is. R.R. Corp., 31 AD3d 758, 759 [2006]; Matter of Alexander v Board of Educ. for Vil. of Mamaroneck, 18 AD3d 654 [2005]).

Here, the Supreme Court providently exercised its discretion in denying the petition for leave to serve a late notice of claim. The respondents did not have any knowledge of the claim until the petitioners commenced this proceeding one year after the injured petitioner’s accident. Furthermore, the injured petitioner failed to demonstrate that her injury incapacitated her to such an extent that neither she nor her husband could comply with the statutory requirement to serve a timely notice of claim (see Matter of Valentine v City of New York, 72 AD3d 981, 982 [2010]; Matter of Portnov v City of Glen Cove, 50 AD3d 1041, 1042-1043 [2008]; Matter of Embery v City of New York, 250 AD2d 611 [1998]), or that she was not aware of the alleged severity of her injury (see Matter of Werner v Nyack Union Free School Dist., 76 AD3d 1026 [2010]; Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d at 151). Moreover,[*719] there was no evidence in the record to support the injured petitioner’s hearsay allegation that her husband was misinformed of the applicable statutory period within which to serve a notice of claim by an unidentified attorney (see Matter of Keyes v City of New York, 89 AD3d 1086 [2011]). In any event, the petitioners’ alleged ignorance of the law is not a reasonable excuse for their failure to serve a timely notice of claim (see Matter of Taylor v County of Suffolk, 90 AD3d 769, 770 [2011]; Meyer v County of Suffolk, 90 AD3d 720, 721 [2011]).

Finally, the petitioners failed to demonstrate that the one-year delay in seeking leave to serve a late notice of claim would not prejudice the respondents, given the passage of time and the transient nature of the metal plate over which the injured petitioner allegedly tripped (see Matter of Khalid v City of New York, 91 AD3d 779, 780 [2012]; Matter of Burgess v County of Suffolk, 56 AD3d at 771; Matter of Papayannakos v Levittown Mem. Special Educ. Ctr., 38 AD3d 902, 903 [2007]; cf. Matter of Mounsey v City of New York, 68 AD3d 998, 999 [2009]; Matter of Ruffino v City of New York, 57 AD3d 550, 551 [2008]).

We have not considered the injured petitioner’s medical records that were improperly submitted to the Supreme Court by the petitioners for the first time with their papers in reply (see Matter of Keyes v City of New York, 89 AD3d at 1087; Conte v Valley Stream Cent. High School Dist., 23 AD3d 328, 329 [2005]; Perre v Town of Poughkeepsie, 300 AD2d 379, 380 [2002]). Eng, EJ., Skelos, Chambers and Sgroi, JJ., concur.