Seif v. City of New York

In Seif v. City of New York, 218 A.D.2d 595, 630 N.Y.S.2d 742 (1st Dept. 1995) the Court denied petitioner's motion for leave to file a late notice of claim because of a law office's failure to properly research the ownership of the building. In Seif, the petitioner gave no reason for its initial failure to recognize the City as owner, while in the instant case the error was excusable, as described above. There was therefore no "law office failure" analogous to the that identified in Seif. Moreover, the decision in Seif to deny leave to file a late notice of claim was motivated in large part by the transient nature of the dangerous condition in that case (a sheet of ice), which would have prejudiced the City's ability to defend the lawsuit, had it been allowed to proceed. Id. at 596-97.