Legal Opinion
Passalacqua v. County of Onondaga
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1983PublishedCited by 15 opinions
1Opinion of the Court
— Order entered October 6,1982 unanimously reversed, on the law and facts, with costs, and motion granted; appeal from order entered August 19, 1982 dismissed as moot. Memorandum: The court erred in denying plaintiff’s motion for leave to file a late notice of claim. The court held that “movant had failed to adequately demonstrate that his claim was meritorious and failed to portray any excuse for the delay in serving a notice of claim.” Subdivision 5 of section 50-e of the General Municipal Law gives the court broad discretion on such applications so long as the motion is made within the…
2Cases cited3 opinions
- Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
- Wemett v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1978
- Fraccola v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by15 opinions
- Barnes v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1984
- Strauss v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Innes v. County of GeneseeAppellate Division of the Supreme Court of the State of New York · 1984
- Fritsch v. Westchester County Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1991
- Jenkins v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1987
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