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Decided on November 6, 2008
Civil Court of the City of New York, Richmond County

SCR 1817/07
A P P E A R A N C E S Claimant: Michael C. Shane 3891 Van Duzer St. No.2A, Staten Island, New York 10304 Defendant: The City of New York Corporation Counsel 100 Church Street 5th Floor New York, New York 10007
Katherine A. Levine, J.
This case raises anew the issue of whether the Civil Court of the City of New York has the authority to grant an application to file a late notice of claim.
Plaintiff Michael C. Shane ("Shane" or "plaintiff") commenced this Small Claims action against the defendant City of New York ("City" or "defendant") for property damage caused to his car by a New York City Department of Sanitation truck . Plaintiff claims that on July 31, 2007, his vehicle was parked and unoccupied and was hit by a sanitation truck. Plaintiff was notified of this accident by a notice of claim form that the sanitation driver - Alex Rodriguez - placed on his windshield wiper as well as by the notice of claim form that the sanitation driver gave to a nearby restaurant owner, who in turn gave it to plaintiff. The notice of claim form filed by plaintiff, in addition to identifying the driver, set forth the license plate of the garbage truck and the insurance information.
The City moves for summary judgment or, in the alternative, dismissal, because plaintiff served a late notice of claim upon the City. Specifically, the City attaches as Exhibit "A" to its motion the "Claim against the City of New York , Vehicular Property Damage ("Claim") which plaintiff filed on October 31, 2007, ninety two days after the claim arose, and hence two days beyond the 90 day notice of claim limitation contained in General Municipal Law

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