Legal Opinion
Guastamacchia v. New York City Department of Transportation
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 1990PublishedCited by 2 opinions
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Garry, J.), dated April 11, 1989, which denied her motion for leave to file a late notice of claim.
Ordered that the order is affirmed, with costs.
The plaintiff’s application for leave to file a late notice of claim was not made within one year and 90 days after the claim accrued. As a result, the Supreme Court properly concluded that it was without discretion to grant the relief requested (see, General Municipal Law § 50-e [5]; Pierson v City of New York, 56…
2Cases cited6 opinions
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Thomas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Stoute v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Binyard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by2 opinions
- Adams v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Lamica v. Malone Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1992