The case arose from injuries sustained during a car accident allegedly caused by a high-speed police chase. The incident occurred on April 1, 2021. The petitioners were injured in a car accident when their vehicle was struck by a Mercedes that ran a red light. According to the petitioners, the Mercedes was being pursued by NYPD officers in a high-speed chase at the time of the collision. The petitioners were hospitalized following the accident.
While recovering, the petitioners claimed that an unidentified individual affiliated with the NYPD’s “internal affairs” told them about the police chase. They filed a petition on October 21, 2021, to serve a late notice of claim against the City of New York, alleging that the City’s negligence during the police pursuit contributed to their injuries. Along with their petition, they submitted affidavits and a police report. The petitioners argued that the City had actual knowledge of the incident and would not be prejudiced by the late filing.
Question Before the Court
The primary question was whether the petitioners should be allowed to file a late notice of claim under General Municipal Law § 50-e(5). Specifically, the court needed to determine:
- Whether the City had actual knowledge of the claim’s essential facts within 90 days of the accident or a reasonable time afterward.
- Whether the petitioners had a reasonable excuse for failing to serve the notice of claim on time.
- Whether the delay substantially prejudiced the City’s ability to defend against the claim.
Court’s Decision
The appellate court upheld the Supreme Court’s decision to deny the petition and dismiss the proceeding. The court found that the petitioners failed to meet the statutory requirements for filing a late notice of claim.
- Actual Knowledge: The court determined that the City did not acquire timely, actual knowledge of the essential facts constituting the petitioners’ claim. The police report did not indicate that an NYPD vehicle was involved in a high-speed chase or the accident. Additionally, the petitioners’ statements about the alleged internal affairs disclosure were deemed unsubstantiated.
- Reasonable Excuse: The court ruled that the petitioners did not provide a reasonable excuse for their failure to serve a timely notice of claim.
- Prejudice: The court held that the petitioners failed to show evidence or make a plausible argument that the City would not be substantially prejudiced by the late notice.
As a result, the petitioners’ request to file a late notice of claim was denied.
Discussion
The court emphasized that actual knowledge requires the City to be aware of the specific facts underlying the legal claim. The petitioners argued that the police report and alleged statements from the internal affairs representative provided such knowledge. However, the court found no indication in the police report that NYPD officers were pursuing the Mercedes or were involved in the accident. General awareness of the accident was not sufficient to establish actual knowledge of the claim’s basis.
The petitioners cited their hospitalization and recovery period as reasons for the delay in filing the notice of claim. However, the court found these explanations insufficient. Hospitalization or lack of awareness of legal deadlines does not automatically justify a delay, particularly when petitioners wait months before taking legal action.
Under General Municipal Law § 50-e(5), petitioners bear the initial burden of demonstrating that a late notice would not substantially prejudice the municipality. The court found that the petitioners failed to meet this burden. Without providing evidence to support their argument, the petitioners could not overcome this requirement. The City, therefore, had no obligation to prove prejudice.
Conclusion
This case highlights the challenges involved in filing late notices of claim in New York. Courts apply strict scrutiny to such petitions, requiring evidence of actual knowledge, reasonable excuses, and a lack of prejudice to the municipality. In this case, the petitioners could not meet these legal standards, resulting in the dismissal of their proceeding. If you have been injured and believe a public entity may be responsible, it is vital to act quickly. Filing a timely notice of claim is a critical step in preserving your right to seek compensation. Contact an experienced New York personal injury lawyer at Stephen Bilkis & Associates to ensure your case is handled properly and within the required deadlines.