Legal Opinion
Meier v. City of New York
Appellate Terms of the Supreme Court of New York
Decided March 15, 1951PublishedCited by 3 opinions
1Per curiam
The City Court of the City of New York lacks jurisdiction to hear a motion for leave to serve a late notice of claim upon the City of New York. Section 50-e of the General Municipal Law specifically provides (subd. 5) that an application for such relief “ shall be made returnable at a trial or special term of the supreme court, or of the county court, in the county where an action on the claim could properly be brought for trial ”. By implication, the application may not be made in any other court.
Apart from the jurisdictional defect noted, there was no showing of any disability which would…
2Cases cited6 opinions
- Martin v. School Board of Union Free District No. 28New York Court of Appeals · 1950
- Andes Co-Operative Dairy Co. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1923
- Van Orden v. SimpsonAppellate Terms of the Supreme Court of New York · 1915
- Fabricant v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1948
- Matter of Fabricant v. City of New YorkNew York Court of Appeals · 1949
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3Cited by3 opinions
- Priceman v. City of New YorkAppellate Terms of the Supreme Court of New York · 1951
- Benjamin v. ColonAppellate Terms of the Supreme Court of New York · 1962
- Pandolfi v. Board of EducationAppellate Terms of the Supreme Court of New York · 1957