Klass v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the City of New York appeals from an order of the Supreme Court, Kings County (Ash, J.), dated December 2, 2011, which granted the petition.
Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.
Pursuant to General Municipal Law § 50-e (5), a court has the discretion to permit the service of a late notice of claim. The relevant factors for the court to consider include whether (1) the petitioner…
2Cases cited24 opinions
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Perry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Taylor v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
- Washington v. City of New YorkNew York Court of Appeals · 1988
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3Cited by31 opinions
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- Matter of Lawhorne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Balbuenas v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- Young Soo Chi v. CastelliAppellate Division of the Supreme Court of the State of New York · 2013
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