Legal Opinion
Goodall v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided January 16, 1992PublishedCited by 12 opinions
1Opinion of the Court
The plaintiffs sought to serve a late notice of claim pursuant to General Municipal Law § 50-e (5) to recover damages for assault and battery, wrongful arrest and false imprisonment, malicious prosecution and violations of 42 USC § 1983 (Federal Civil Rights Act). After the plaintiffs were arrested on July 5, 1989, all charges against them were dismissed on January 9, 1990.
We agree with the plaintiffs that the Supreme Court improvidently exercised its discretion by denying the plaintiffs’ motion to file a late notice of claim. The facts and circumstances surrounding the incident were…
2Cases cited4 opinions
- Cicio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Tatum v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Montalto v. Town of HarrisonAppellate Division of the Supreme Court of the State of New York · 1989
- McKenna v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by12 opinions
- Nunez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Santana v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Affleck v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1997
- Schiffman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Soto v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
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