Legal Opinion

Guminiak v. City of Mount Vernon Industrial Development Agency

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

Decided December 22, 2009PublishedCited by 9 opinions

1Opinion of the Court

The Supreme Court erred in granting the petitioner leave to serve a late notice of claim. The petitioner’s delay in serving the notice of claim was the result of law office failure, which is not an acceptable excuse for the failure to timely comply with the provisions of General Municipal Law § 50-e (see Bridgeview at Babylon Cove Homeowners Assn., Inc. v Incorporated Vil. of *1112Babylon, 41 AD3d 404, 405-406 [2007]; Arias v New York City Hous. Auth., 40 AD3d 298, 299 [2007]; Matter of Roland v Nassau County Dept. of Social Servs., 35 AD3d 477, 479 [2006]; Seif v City of New York, 218 AD2d 595,…

2Cases cited9 opinions

  1. Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  2. Seif v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  3. Landa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  4. National Grange Mutual Insurance v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 2008
  5. Bridgeview at Babylon Cove Homeowners Ass'n v. Incorporated Village of BabylonAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by9 opinions

  1. Zaid v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  2. Young Soo Chi v. CastelliAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Fox v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Peters-Heenpella v. WynnAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Morris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015

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