Browne v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
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
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Small v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Wade v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- 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
- Katsiouras v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Decoteau v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Lubin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Decoteau v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- J.H. v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2019
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