Trial Judge Has Discretion to Accept a Late Notice of Claim

Hayes v. Delaware-Chenango-Madisonotsego Board of Cooperative Educ. Servs., 79 A.D.3d 1405, 912 N.Y.S.2d 781 (N.Y. App. Div. 2010)

In Hayes, the plaintiff was seriously injured while performing construction work at an educational agency site.  He filed a late notice of claim six months later, which the Supreme Court permitted.  The Appellate Division, Third Department, affirmed that discretion to accept a late notice rests with the trial court, finding no prejudice against the defendants from a “relatively brief” delay.