Legal Opinion

Winston v. City of New York

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

Decided April 13, 1998PublishedCited by 3 opinions

1Opinion of the Court

—In a proceeding, inter alia, pursuant to General Municipal Law § 50-e (5) for leave to file a late notice of claim, the appeal is from an order of the Supreme Court, Queens County (Dye, J.), dated November 19, 1996, which granted the petitioner’s application.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The Supreme Court improvidently exercised its discretion in granting the infant petitioner’s application for leave to file a late notice of claim (see, General Municipal Law § 50-e [5]). The petitioner failed to carry her…

2Cases cited9 opinions

  1. Matarrese v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Brown v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
  3. Pollicino v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
  4. Dancy v. Poughkeepsie Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  5. Ragin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995

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

3Cited by3 opinions

  1. March v. Town of WappingerAppellate Division of the Supreme Court of the State of New York · 2006
  2. Bagnasco v. Suffolk County Water AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  3. Nacherlilla v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006

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