National Grange Mutual Insurance v. Town of Eastchester
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 (Loehr, J.), entered May 15, 2007, which granted the petition.
*468Ordered 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.
Timely service of a notice of claim is a condition precedent to a lawsuit sounding in tort and commenced against a municipality (see General Municipal Law § 50-e [1] [a]; Davidson v Bronx Mun. Hosp., 64 NY2d 59,…
2Cases cited18 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Davidson v. Bronx Municipal HospitalNew York Court of Appeals · 1984
- Perry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by23 opinions
- Taylor v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
- Rowe v. NYCPDAppellate 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
- Mitchell v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2012
- Zaid v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
18 more not listed; retrieve them via the Exa API.