Legal Opinion

Browne v. New York City Transit Authority

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

Decided December 27, 2011PublishedCited by 8 opinions

1Opinion of the Court

The plaintiffs late service of a notice of claim upon the defendant was a nullity, as it was made without leave of the court (see Ellman v Village of Rhinebeck, 27 AD3d 414, 415 [2006]; Alston v Aversano, 24 AD3d 399 [2005]; Pierre v City of New York, 22 AD3d 733 [2005]). Furthermore, since the plaintiff cross-moved to deem the notice of claim timely served nunc pro tunc after the one-year-and-90-day statute of limitations had expired, the Supreme Court did not have the authority to grant such relief (see General Municipal Law § 50-e [5]; § 50-i [1]; Pierson v City of New York, 56 NY2d 950,…

2Cases cited13 opinions

  1. Pierson v. City of New YorkNew York Court of Appeals · 1982
  2. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  3. Small v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  4. Wade v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  5. Walter H. Poppe General Contracting, Inc. v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by8 opinions

  1. Katsiouras v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  2. Decoteau v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Lubin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  4. Decoteau v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  5. J.H. v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2019

3 more not listed; retrieve them via the Exa API.

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