Legal Opinion

Matter of Fernandez v. City of New York

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

Decided August 12, 2015No. 2013-09883PublishedCited by 19 opinions

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 petitioner appeals from an order of the Supreme Court, Kings County (Landicino, J.), dated June 17, 2013, which denied the petition.

Ordered that the order is affirmed, with costs.

In determining whether to extend the time to serve a notice of claim, the court must consider “ ‘whether the public corpora tion acquired actual [knowledge] of the essential facts constituting the claim within 90 days of the accrual of the claim or within a reasonable time thereafter,’ ” as well as whether the…

2Cases cited9 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. NYU Hospital v. Country Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
  3. Dibella v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  4. Gilliam v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  5. Weber v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1994

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

3Cited by19 opinions

  1. Matter of Lugo v. GNP BrokerageAppellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Saponara v. Lakeland Cent. School Dist.Appellate Division of the Supreme Court of the State of New York · 2016
  3. NYCTL 2008-A Trust v. Trinco, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Lapierre v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  5. Luna v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016

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

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