Lorin A. Donnelly obtained a reversal before New York’s Appellate Division, Second Department in a high-exposure municipal liability case arising from a catastrophic spinal cord injury sustained at a public beach. The claimant alleged that municipal lifeguards were negligent for failing to warn him that he had drifted approximately 100 yards beyond a designated swimming area and for failing to advise him of the dangers of floating with his back to the ocean. After the claimant failed to serve a timely notice of claim, the Supreme Court, Suffolk County granted leave to file a late notice of claim against the municipality. On appeal, the Second Department reversed. The Court held that the claimant failed to establish that the municipality had actual knowledge of the essential facts underlying the claim, claimant lacked a reasonable excuse for the delay, and that the municipality would be substantially prejudiced by the late filing. The Court further noted that the underlying negligence claim bordered on being patently meritless. As a result, the Appellate Division held that the Supreme Court should have denied the petition pursuant to General Municipal Law § 50-e for leave to serve a late notice of claim upon the municipality resulting in the dismissal of the action.

Practice Area: Appellate Practice, Municipal Liability