Terrigino v. Village of Brockport
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Supreme Court abused its discretion in denying plaintiffs’ motion for leave to serve a late notice of claim in this action in which plaintiffs seek damages for injuries sustained by plaintiff Patricia Terrigino when she tripped and fell on a sidewalk on defendant’s property. We note at the outset that plaintiffs’ motion was incorrectly characterized by the court in the order on appeal as one for summary judgment, inasmuch as the notice of motion specifies that plaintiffs seek leave to serve a late notice of claim. “[T]he failure to offer an excuse for the delay ‘is not fatal where…
2Cases cited8 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Oboler v. City of New YorkNew York Court of Appeals · 2007
- Catherine G. v. County of EssexNew York Court of Appeals · 2004
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- Gilbert v. Eden Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
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