Matt secured reversal and dismissal of all claims and cross-claims against the Town of Clarence in a property damage action arising from the collapse of a residential home. The Appellate Division held that the plaintiffs failed to timely serve a notice of claim and that Supreme Court lacked authority to grant leave to serve a late notice under General Municipal Law §§ 50-e and 50-i.

The court rejected plaintiffs’ reliance on COVID-19 tolling provisions and confirmed that a notice of claim served outside the statutory period—without prior court approval—is a nullity. Because the application for late notice was made beyond the one-year-and-90-day statutory deadline, dismissal was required as a matter of law.

Practice Impact: The decision reinforces strict enforcement of municipal notice-of-claim requirements and provides a powerful defense tool for insurers and municipal defendants facing untimely property damage and personal-injury claims.

Photo by Izak D