Guarneri v. Town of Oyster Bay
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the appeal is from an order of the Supreme Court, Nassau County (Feuerstein, J.), dated December 1, 1994, which granted the application.
Ordered that the order is affirmed, with costs.
The appellant’s contention that the Supreme Court lacked jurisdiction to determine the petitioners’ application is without merit. Since no action was pending at the time the application was made, the petitioners were required to seek leave to serve the late notice of claim by way of a special proceeding.…
2Cases cited6 opinions
- Farrell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Harris v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
- Baldeo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Bischert v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1995
- Billone v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by13 opinions
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- Morales v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Andrusz v. Town of LancasterAppellate Division of the Supreme Court of the State of New York · 2001
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