Valila v. Town of Hempstead, 107 A.D.3d 813 (N.Y. App. Div. 2013). · Go Syfert
Valila v. Town of Hempstead, 107 A.D.3d 813 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
50 citation events (50 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of DeGarmo v. City of New York (nyappdiv, 2025-04-23)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of DeGarmo v. City of New York
N.Y. App. Div. · 2025 · confidence medium
"In determining whether to grant a petition for leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc, the court must consider all relevant circumstances, including whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the claimant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, and (3) the delay would substantially prejudice the public corporation in its defense on the merits" ( Lobos v …
discussed Cited as authority (rule) Matter of Crawford v. City of New York
N.Y. App. Div. · 2025 · confidence medium
"In determining whether to grant a petition for leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc, the court must consider all relevant circumstances, including whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the claimant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, and (3) the delay would substantially prejudice the public corporation in its defense on the merits" ( Matter o…
discussed Cited as authority (rule) Kelly v. City of New York
N.Y. App. Div. · 2017 · confidence medium
Even if Kelly made an excusable error in identifying the public corporation upon which he was required to serve a notice of claim, he failed to proffer any explanation for the additional seven-month delay between the time that he discovered the error and the filing of his application for leave to serve a late notice of claim (see Kuterman v City of New York, 121 AD3d 646, 647 [2014]; Matter of Murray v Village of Malverne, 118 AD3d 798, 799 [2014]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]).
cited Cited as authority (rule) Matter of Shun Mao Ma v. New York City Health & Hosps. Corp.
N.Y. App. Div. · 2017 · confidence medium
Dist., 127 AD3d 765, 766 [2015]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]).
discussed Cited as authority (rule) Matter of Maldonado v. City of New York
N.Y. App. Div. · 2017 · confidence medium
The court shall also consider all other relevant facts and circumstances, including whether the petitioner has demonstrated a reasonable excuse for the failure to serve a timely notice of claim and whether the delay would substantially prejudice the municipality in maintaining its defense on the merits (see Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]; Matter of Whittaker v New York City Bd. of Educ., 71 AD3d at 777 ; Matter of Mounsey v City of New York, 68 AD3d 998 [2009]).
cited Cited as authority (rule) Matter of Ronness v. City of New York
N.Y. App. Div. · 2017 · confidence medium
Dist., 114 AD3d 790 , 791 [2014]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]).
cited Cited as authority (rule) K.A. Ex Rel. D.A. v. Wappingers Central School District
N.Y. App. Div. · 2017 · confidence medium
Dist., 110 AD3d 663 , 664 [2013]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]; Matter of Felice v EastportlSouth Manor Cent.
discussed Cited as authority (rule) Matter of D'Agostino v. City of New York
N.Y. App. Div. · 2017 · confidence medium
“In determining whether to grant leave to serve a late notice of claim, the court must consider all relevant circumstances, including whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the claimant made an excusable error concerning the identity of the public corporation, (3) the delay would substantially prejudice the public corporation in its defense, and (4) the claimant demonstrated a reasonable excuse for the failure to serve a timely notice of claim” (Kute…
discussed Cited as authority (rule) Matter of Clark v. City of New York
N.Y. App. Div. · 2016 · confidence medium
Moreover, a witness statement dated seven months after the incident and an undated aided report worksheet, both of which contained a description of the incident similar to what was contained in the line-of-duty injury report, did not provide actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter (see Matter of Valila v Town of Hempstead, 107 AD3d 813, 815 [2013]).
discussed Cited as authority (rule) Matter of Saponara v. Lakeland Cent. School Dist.
N.Y. App. Div. · 2016 · confidence medium
Finally, the petitioner failed to rebut the appellants’ assertion that the overall delay of more than 5V2 months between the time of the incident and the commencement of this proceeding would substantially prejudice their ability to conduct an investigation at this late date, given the transitory nature of the alleged inadequate condition of the playground surface (see Matter of Valila v Town of Hempstead, 107 AD3d 813, 815 [2013]; Matter of Bell v City of New York, 100 AD3d 990 [2012]; Matter of Valentine v City of New York, 72 AD3d 981, 982 [2010]; Marengo v City of New York, 266 AD2d 438 …
cited Cited as authority (rule) Matter of Maggio v. City of New York
N.Y. App. Div. · 2016 · confidence medium
Dist., 127 AD3d 765, 766 [2015]; Matter of Murray v Village of Malverne, 118 AD3d 798, 799 [2014]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]).
cited Cited as authority (rule) Matter of Royes v. City of New York
N.Y. App. Div. · 2016 · confidence medium
Dist., 127 AD3d 765, 766 [2015]; Matter of Murray v Village of Malverne, 118 AD3d 798, 799 [2014]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]).
discussed Cited as authority (rule) Matter of Bhargava v. City of New York
N.Y. App. Div. · 2015 · confidence medium
In determining whether to grant leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc, the court must consider whether (1) the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the petitioner demonstrated a reasonable excuse for the failure to serve a timely notice of claim, and (3) *820 the municipality was substantially prejudiced by the delay in its ability to maintain its defense on the merits (see General Municipal Law § 50-e [5]; Matt…
cited Cited as authority (rule) Matter of Thill v. North Shore Cent. School Dist.
N.Y. App. Div. · 2015 · confidence medium
Further, the petitioners failed to demonstrate that the delay of nearly two months would not prejudice the respondent (see Matter of Valila v Town of Hempstead, 107 AD3d 813, 815 [2013]).
discussed Cited as authority (rule) Poveromo v. Kelley-Amerit Fleet Services, Inc.
N.Y. App. Div. · 2015 · confidence medium
We have not considered the plaintiffs remaining contentions, which were improperly raised for the first time in his reply papers before the Supreme Court, or pertain to matter dehors the record (see Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]; Smith v County of Suffolk, 61 AD3d 743 [2009]).
cited Cited as authority (rule) Matter of Stark v. West Hempstead Union Free Sch. Dist.
N.Y. App. Div. · 2015 · confidence medium
Dist., 114 AD3d 790 , 791 [2014]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 815 [2013]).
discussed Cited as authority (rule) Matter of Bonaguro v. City of New York
N.Y. App. Div. · 2014 · confidence medium
While the absence of a reasonable excuse is not fatal to the petition where the municipality had actual knowledge of the essential facts constituting the claim, and there was an absence of prejudice to the municipality (see Matter of Viola v Ronkonkoma Middle Sch., 107 AD3d 1009 , 1010 [2013]; Matter of McLeod v City of New York, 105 AD3d 744, 746 [2013]), the record before this Court does not demonstrate that the appellants had actual knowledge of the essential facts constituting the claim within 90 days of the alleged accident or a reasonable time thereafter (see Matter of Valila v Town of H…
discussed Cited as authority (rule) Kuterman v. City of New York
N.Y. App. Div. · 2014 · confidence medium
In determining whether to grant leave to serve a late notice of claim, the court must consider all relevant circumstances, including whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the claimant made an excusable error concerning the identity of the public corporation, (3) the delay would substantially prejudice the public corporation in its defense, and (4) the claimant demonstrated a reasonable excuse for the failure to serve a timely notice of claim (see Genera…
cited Cited as authority (rule) Nurena v. Westchester County
N.Y. App. Div. · 2014 · confidence medium
Dist., 114 AD3d 790 , 791 [2014]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 815 [2013]).
discussed Cited as authority (rule) Cioffi v. Town of Hempstead (2×)
N.Y. App. Div. · 2014 · confidence medium
Dist., 114 AD3d 790 , 791 [2014]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]; Matter of Fazio v County of Nassau, 36 AD3d 807 [2007]; cf. Matter of Gershanow v Town of Clarkstown, 88 AD3d at 880 ; Gibbs v City of New York, 22 AD3d 717, 719 [2005]).
discussed Cited as authority (rule) Murray v. Village of Malverne
N.Y. App. Div. · 2014 · confidence medium
In determining whether to deem a late notice of claim timely served nunc pro tunc or to grant leave to serve a late notice of claim, the key factors that the court must consider are whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the claimant made an excusable error concerning the identity of the public corporation, (3) the delay would substantially prejudice the public corporation in its defense, and (4) the claimant demonstrated a reasonable excuse for the fail…
discussed Cited as authority (rule) Murray v. Village of Malverne
N.Y. App. Div. · 2014 · confidence medium
In determining whether to deem a late notice of claim timely served nunc pro tunc or to grant leave to serve a late notice of claim, the key factors that the court must consider are whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the claimant made an excusable error concerning the identity of the public corporation, (3) the delay would substantially prejudice the public corporation in its defense, and (4) the claimant demonstrated a reasonable excuse for the fail…
cited Cited as authority (rule) Sanchez v. City of New York
N.Y. App. Div. · 2014 · confidence medium
Dist., 114 AD3d 790 [2014]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]).
cited Cited as authority (rule) Sanchez v. City of New York
N.Y. App. Div. · 2014 · confidence medium
Dist., 114 AD3d 790 [2014]; Matter of Valila v Town of Hempstead, 107 AD3d 813, 814 [2013]).
discussed Cited as authority (rule) Destine v. City of New York
N.Y. App. Div. · 2013 · confidence medium
In addition, the disallowed late notice of claim served upon the City’s Comptroller more than 4V2 months after the 90-day statutory period had elapsed did not provide the City with actual knowledge of the essential facts constituting the claims within a reasonable time after the expiration of the statutory period (see Matter of Valila v Town of Hempstead, 107 AD3d 813, 815 [2013]).
discussed Cited as authority (rule) Destine v. City of New York
N.Y. App. Div. · 2013 · confidence medium
In addition, the disallowed late notice of claim served upon the City’s Comptroller more than 4V2 months after the 90-day statutory period had elapsed did not provide the City with actual knowledge of the essential facts constituting the claims within a reasonable time after the expiration of the statutory period (see Matter of Valila v Town of Hempstead, 107 AD3d 813, 815 [2013]).
Retrieving the full opinion text from the archive…
In the Matter of Dominic Valila
v.
Town of Hempstead
Appellate Division of the Supreme Court of the State of New York.
Jun 12, 2013.
107 A.D.3d 813
Cited by 507 opinions  |  Published

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals[*814] from an order of the Supreme Court, Nassau County (Phelan, J.), entered May 22, 2012, which denied the petition and, in effect, dismissed the proceeding.

Ordered that the order is affirmed, with costs.

In determining whether to grant a petition for leave to serve a late notice of claim, a court must consider whether the claimant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, whether the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, whether the claimant made an excusable error concerning the identity of the public corporation, and whether the delay would substantially prejudice the public corporation in its defense (see General Municipal Law § 50-e [5]; Matter of Gershanow v Town of Clarkstown, 88 AD3d 879, 880 [2011]; Matter of Ambrico v Lynbrook Union Free School Dist., 71 AD3d 762, 763 [2010]; Matter of Ruffino v City of New York, 57 AD3d 550, 551 [2008]).

The petitioner’s mistaken belief that his employer at the time of his accident had entered into a contract with the County of Nassau rather than the Town of Hempstead was not an acceptable excuse, given his failure to explain the additional delay between the time that he discovered the error and the filing of this petition (see Matter of Burgess v County of Suffolk, 56 AD3d 769, 770 [2008]; State Farm Mut. Auto. Ins. Co. v New York City Tr. Auth., 35 AD3d 718 [2006]; Matter of Dell'Italia v Long Is. R.R. Corp., 31 AD3d 758, 759 [2006]; Matter of Morris v County of Suffolk, 88 AD2d 956, 956-957 [1982], affd 58 NY2d 767 [1982]).

Furthermore, the Town did not acquire timely, actual knowledge of the essential facts constituting the claim. While the petitioner asserted that the Town’s employees were present at the site at the time of the accident, there was no evidence that they were aware of the facts constituting the claim of negligence (see Matter of Anderson v Town of Oyster Bay, 101 AD3d 708, 709 [2012]; Matter of Bruzzese v City of New York, 34 AD3d 577, 578 [2006]; Matter of Pico v City of New York, 8 AD3d 287, 288 [2004]). In addition, there was no evidence that the Town had notice of any newspaper articles reporting the accident (see Matter of Russ v New York City Hous. Auth., 198 AD2d 361 [1993]). In any event, the newspaper article submitted by the petitioner was insufficient to provide the Town with actual knowledge of the facts constituting the petitioner’s claim of the Town’s negligence and his injuries (see Matter of Keyes v City of New York, 89 AD3d 1086 [2011]; Matter of O’Mara v Town of [*815] Cortlandt, 210 AD2d 337, 338 [1994]; Wencek v County of Chautauqua, 132 AD2d 950 [1987]). Moreover, the late notice of claim served upon the Town more than one month after the 90-day statutory period had elapsed did not provide the Town with actual knowledge of the essential facts constituting the claim within a reasonable time after the expiration of the statutory period. Finally, the petitioner failed to demonstrate that the nearly two-month delay in commencing this proceeding would not substantially prejudice the Town in maintaining its defense, given the lack of notice and the transitory nature of the allegedly defective condition (see Matter of Bell v City of New York, 100 AD3d 990 [2012]; Matter of Valentine v City of New York, 72 AD3d 981, 982 [2010]; Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d 138, 153 [2008]). Accordingly, the Supreme Court providently exercised its discretion in denying the petition.

We have not considered the petitioner’s remaining contentions, which were improperly raised for the first time in his reply papers before the Supreme Court or pertain to matter dehors the record (see Matter of Minkowicz v City of New York, 100 AD3d 1000 [2012]; Smith v County of Suffolk, 61 AD3d 743 [2009]). Angiolillo, J.P., Balkin, Austin and Miller, JJ., concur.