Caruso v. County of Westchester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the appeal is from an order of the Supreme Court, Westchester County (Silverman, J.), entered March 18, 1994, which granted the application.
Ordered that the order is reversed, on the law, with costs, and the application for leave to file a late notice of claim is denied.
The Supreme Court improvidently exercised its discretion in granting the petitioner’s application for leave to file a late notice of claim. While the petitioner’s claim sounds in medical malpractice, and he asserts that his…
2Cases cited8 opinions
- Ribeiro v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1994
- Fallon v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1992
- Aviles v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Bailey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Carroll v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dilworth v. GoldbergDistrict Court, S.D. New York · 2012
- Klass v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Medley v. CichonAppellate Division of the Supreme Court of the State of New York · 2003
- Papayannakos v. Levittown Memorial Special Education CenterAppellate Division of the Supreme Court of the State of New York · 2007
- Aliberti v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2003
8 more not listed; retrieve them via the Exa API.