Legal Opinion

Donas v. City of New York

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

Decided May 14, 2009PublishedCited by 10 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered January 29, 2008, which granted defendants’ motion to dismiss the complaint and denied plaintiffs motion for leave to file an amended complaint, unanimously affirmed, without costs.

Although plaintiffs claim accrued no later than September *5052003, when he allegedly was told that he would never be promoted, plaintiff failed to serve defendants with a notice of claim within 90 days thereafter, as required by General Municipal Law § 50-e (1) (a). He did not serve his notice of claim until January 26, 2005. Nor did plaintiff…

2Cases cited3 opinions

  1. National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
  2. Drayton v. Veterans AdministrationDistrict Court, S.D. New York · 1987
  3. Frank v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by10 opinions

  1. Dingle v. City of New YorkDistrict Court, S.D. New York · 2010
  2. Griffin v. City of New YorkDistrict Court, E.D. New York · 2012
  3. Thomas v. City of OneontaAppellate Division of the Supreme Court of the State of New York · 2011
  4. Rose v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2014
  5. Ascher v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2025

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