Legal Opinion
Kellogg v. Office of the Chief Medical Examiner
New York Supreme Court
Decided September 15, 2004PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Paul A. Victor, J.
The Issues Presented
The following novel legal issues, each of which is an issue of first impression, are presented by defendant’s motion for summary judgment and plaintiffs cross motion for summary judgment:
1. Is a prayer for relief in a complaint an “application” to the court (within the meaning of General Municipal Law § 50-e) for the purpose of seeking permission for the late filing of a notice of claim; or is the failure to bring a motion or special proceeding fatal to plaintiffs complaint?
2. Can the next of kin of a deceased person assert a claim for…
2Cases cited30 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
- Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
25 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Keitt v. New York CityDistrict Court, S.D. New York · 2011
- WTC Families for a Proper Burial, Inc. v. City of New YorkDistrict Court, S.D. New York · 2008