Legal Opinion
Schoen v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 2011PublishedCited by 4 opinions
1Opinion of the Court
The Supreme Court providently exercised its discretion in denying the petition. The petitioner did not demonstrate a reasonable excuse for her failure to serve a timely notice of claim. The record reveals that while the petitioner may have been physically incapacitated for the first three or four months after the accident, she failed to demonstrate that the additional delay in retaining an attorney was due to her physical or mental incapacity (see Matter of Portnov v City of Glen Cove, 50 AD3d 1041, 1043 [2008]; Matter of Embery v City of New York, 250 AD2d 611 [1998]; Robertson v New York…
2Cases cited10 opinions
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Guiliano v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1997
- Pico v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Portnov v. City of Glen CoveAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by4 opinions
- Moore v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Blake v. County of WyomingAppellate Division of the Supreme Court of the State of New York · 2017
- BLAKE, CASSANDRA v. COUNTY OF WYOMINGAppellate Division of the Supreme Court of the State of New York · 2017
- Blake v. County of WyomingAppellate Division of the Supreme Court of the State of New York · 2017