Legal Opinion

Matarrese v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 1995PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

Balletta, J.

Although the determination of whether to grant an application for leave to serve a late notice of claim is generally left to the sound discretion of the trial court (see, Matter of Kyser v New York City Hous. Auth., 178 AD2d 601; Matter of Gruber v City of New York, 156 AD2d 450), we find that under the circumstances of this case, the trial court improvidently exercised its discretion in granting the petitioner’s application. The petitioner offered no explanation for his eight-year delay in making the application, and there were no other factors present which…

2Cases cited21 opinions

  1. Kurz v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Rechenberger v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1985
  3. D'Anjou v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Plantin v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
  5. Ribeiro v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1994

16 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Rios v. Montgomery CountyCourt of Appeals of Maryland · 2005
  3. Flores v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2004
  4. Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  5. Matarrese v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1998

37 more not listed; retrieve them via the Exa API.

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