Legal Opinion
Ambrus v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 2011PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Eng, J.
The Court of Appeals has long recognized that CPLR 204 (a) tolls the one-year and 90-day statute of limitations governing tort claims against municipal defendants while a motion to serve a late notice of claim is pending. The toll has been held to run from the date an application for leave to serve a late notice of claim is made to the date upon which an order granting that relief goes into effect. The sole issue raised on this appeal is whether, in a situation in which a court declines to sign an initial order to show cause for leave to serve a late notice of claim…
2Cases cited5 opinions
- Giblin v. Nassau County Medical CenterNew York Court of Appeals · 1984
- Barchet v. New York City Transit AuthorityNew York Court of Appeals · 1967
- Rieara v. City of New York Department of Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 1989
- Dominguez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- In re HickmanNew York Court of Appeals · 1990
3Cited by12 opinions
- Young Soo Chi v. CastelliAppellate Division of the Supreme Court of the State of New York · 2013
- Ahmed v. New York City Health & Hosp. Corp.Appellate Division of the Supreme Court of the State of New York · 2022
- Kealos v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Artup v. SimeoneAppellate Division of the Supreme Court of the State of New York · 2020
- Harvey v. Handelman, Witkowicz & Levitsky, LLPAppellate Division of the Supreme Court of the State of New York · 2015
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