Legal Opinion

Smith v. Otselic Valley Central School District

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

Decided February 6, 2003PublishedCited by 12 opinions

1Opinion of the CourtCarpinello, J.

Appeal from an order of the Supreme Court (Dowd, J.), entered December 5, 2001 in Chenango County, which denied petitioner’s application pursuant to General Municipal Law § 50-e (5) for leave to file a late notice of claim.

On July 13, 2000, petitioner, a roofer working on an elementary school asbestos removal project, severely injured his right hand when he attempted to fix the guard on a roofing saw while the saw was still engaged. Nearly 13 months after the accident, petitioner, claiming that the saw was unsafe and defective, sought to file a late notice of claim against respondent…

2Cases cited7 opinions

  1. Jensen v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1994
  2. DeMolfetto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  3. Cuda v. Rotterdam-Mohonasen Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
  4. Ippolito v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1993
  5. Gizzi v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1994

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

3Cited by12 opinions

  1. Heffelfinger v. Albany International AirportAppellate Division of the Supreme Court of the State of New York · 2007
  2. Crocco v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 2003
  3. Schwindt v. County of EssexAppellate Division of the Supreme Court of the State of New York · 2009
  4. Forrest v. Berlin Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
  5. Conger v. Ogdensburg City School DistrictAppellate Division of the Supreme Court of the State of New York · 2011

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

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