Legal Opinion

Williams v. Nassau County Medical Center

New York Court of Appeals

Decided April 4, 2006PublishedCited by 295 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

In General Municipal Law § 50-e, the Legislature enacted a protocol for serving a notice of claim as a condition precedent to a suit against a public corporation. Section 50-e (1) requires that the notice be served within 90 days after the claim arises. The Legislature, however, gave courts discretion to extend the time and devised criteria for determining whether to grant extensions (see Cohen v Pearl Riv. Union Free School Dist., 51 NY2d 256, 265-266 [1980]).

Section 50-e (5), the late-notice statute, directs the court to consider, in particular, whether…

2Cases cited10 opinions

  1. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  2. Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
  3. Murray v. City of New YorkNew York Court of Appeals · 1972
  4. Andrew T.B. v. Brewster Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2005
  5. Medley v. CichonAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by295 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Newcomb v. Middle Country Central School DistrictNew York Court of Appeals · 2016
  3. Bazile v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Wally G., an Infant,by His Mother and Natural Guardian, Yoselin T. v. New York City Health and Hospitals Corporation (Metropolitan Hospital)New York Court of Appeals · 2016
  5. Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

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