| Matter of Lauray v City of New York |
| 2009 NY Slip Op 03676 [62 AD3d 467] |
| May 7, 2009 |
| Appellate Division, First Department |
| In the Matter of Barbara Lauray, Respondent, v City ofNew York et al., Appellants. |
—[*1]
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered January 28, 2008,which granted the petition for leave to file a late notice of claim and deemed the notice of claimtimely filed nunc pro tunc, unanimously reversed, on the law, without costs, and the petitiondenied.
As petitioner's counsel concedes, there is no viable cause of action against defendants. Thelocation of petitioner's alleged trip and fall on the sidewalk was in front of a commercial businessand not in front of a one-, two-, or three-family residence (see Administrative Code ofCity of NY § 7-210 [c]). The record further shows that leave to file a late notice of claimwas improperly granted. Petitioner failed to meet her burden of demonstrating a reasonableexcuse for the delay, the timely receipt by respondents of actual notice of the defect, and the lackof prejudice (see e.g. Ocasio v NewYork City Health & Hosps. Corp. [Morrisania Neighborhood Family Care Ctr.], 14 AD3d361 [2005]; General Municipal Law § 50-e [5]). Concur—Mazzarelli, J.P.,Sweeny, Nardelli, Freedman and Richter, JJ.