Legal Opinion

Nicholas v. City of New York

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

Decided May 4, 1987PublishedCited by 20 opinions

1Opinion of the Court

In an action to recover damages for wrongful death, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Monteleone, J.), dated February 13, 1986, as granted those branches of the defendants’ motion which were to dismiss the second and fourth causes of action asserted in their complaint.

*471Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiffs do not dispute on appeal that their notice of claim with respect to their causes of action to recover damages for conscious pain and suffering was not filed within the…

2Cases cited5 opinions

  1. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  2. Giblin v. Nassau County Medical CenterNew York Court of Appeals · 1984
  3. Gibbons v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1982
  4. Fleming v. Long Island RailroadNew York Court of Appeals · 1983
  5. Petrushansky v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1984

3Cited by20 opinions

  1. Rattner v. Planning Commission of Village of PleasantvilleAppellate Division of the Supreme Court of the State of New York · 1989
  2. Ceely v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
  4. Maxwell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  5. Walter H. Poppe General Contracting, Inc. v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2001

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