Wetzel Services Corp. v. Town of Amherst
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Supreme Court did not abuse its discretion in granting plaintiff’s application for leave to serve a late notice of claim (see, General Municipal Law § 50-e [5]). The court is vested with broad discretion to grant or deny the application (see, Matter of Rotoli v Town of Gaines, 184 AD2d 1085; Downey v Macedon Ctr. Volunteer Fire Dept., 179 AD2d 999; Barnes v County of Onondaga, 103 AD2d 624, 629, affd 65 NY2d 664; Matter of Ziecker v Town of Orchard Park, 70 AD2d 422, 426, affd 51 NY2d 957).
Plaintiff applied for permission to serve a notice…
2Cases cited6 opinions
- Ziecker v. Town of Orchard ParkAppellate Division of the Supreme Court of the State of New York · 1979
- Barnes v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1984
- Claim of Ziecker v. Town of Orchard ParkNew York Court of Appeals · 1980
- Baehre v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1983
- Rotoli v. Town of GainesAppellate Division of the Supreme Court of the State of New York · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hall v. Madison-Oneida County Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2009
- DALTON, II, DAVID H. v. AKRON CENTRAL SCHOOLSAppellate Division of the Supreme Court of the State of New York · 2013
- Hale v. Webster Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
- Palumbo v. City of BufFaloAppellate Division of the Supreme Court of the State of New York · 2003
- McBee v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 2006
21 more not listed; retrieve them via the Exa API.