Legal Opinion

McBee v. County of Onondaga

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

Decided November 17, 2006PublishedCited by 9 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Onondaga County (Edward D. Garni, J.), entered December 1, 2005 in a personal injury action. The order granted plaintiffs application for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly exercised its broad discretion in granting plaintiffs application pursuant to General Municipal Law § 50-e (5) seeking leave to serve a late notice of claim (see Wetzel Servs. Corp. v Town of Amherst, 207 AD2d 965 [1994]). Contrary to…

2Cases cited5 opinions

  1. Wetzel Services Corp. v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1994
  2. McHugh v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  3. Haeg v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2006
  4. Greene v. Rochester Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  5. Bitetto v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by9 opinions

  1. DALTON, II, DAVID H. v. AKRON CENTRAL SCHOOLSAppellate Division of the Supreme Court of the State of New York · 2013
  2. Diegelman v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Lopez v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2014
  4. DALTON, II, DAVID H. v. AKRON CENTRAL SCHOOLSAppellate Division of the Supreme Court of the State of New York · 2013
  5. DIEGELMAN, JAMES R. v. CITY OF BUFFALOAppellate Division of the Supreme Court of the State of New York · 2017

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