Legal Opinion

Matter of Abdul v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 2015No. 2014-08275PublishedCited by 1 opinion

1Opinion of the Court

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Kings County (Jimenez Salta, J.), dated June 20, 2014, which denied the petition.

Ordered that the order is affirmed, with costs.

In order to maintain a tort action against a municipality, General Municipal Law § 50-e (1) (a) requires a claimant to serve a notice of claim upon that municipality within 90 days of the date that the claim arose (see Matter of Felice v Eastport/ South Manor Cent. School Dist., 50 AD3d 138, 143 [2008]).…

2Cases cited16 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
  3. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  4. Catherine G. v. County of EssexNew York Court of Appeals · 2004
  5. Dell'Italia v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by1 opinion

  1. Cockburn v. Town of MinaNew York Supreme Court · 2016

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