Matter of Lawhorne v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to deem a late notice of claim timely served nunc pro tunc, the City of New York appeals from a judgment of the Supreme Court, Kings County (Baynes, J.), dated October 25, 2013, which granted the petition.
Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.
In determining whether to grant leave to deem a late notice of claim timely served nunc pro tunc, the court must consider whether (1) the municipality acquired actual…
2Cases cited13 opinions
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Bell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Flores v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2004
- Iacone v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2011
- Klass v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
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3Cited by15 opinions
- Matter of Jaffier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
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- Matter of Mohamed v. New York CityAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Catania v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Cruz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
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