Legal Opinion
Fish v. New York Mills Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 1989No. Appeal No. 1PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously reversed on the law and in the exercise of discretion with costs and plaintiffs’ motion to serve a late notice of claim granted. Memorandum: It was error for the court to deny the motion of plaintiff Kenneth Fish (the claim of his wife, Lorraine, is derivative) for permission to file a late notice of claim. Plaintiff sought leave to serve a late notice within four months of the expiration of the 90-day period and was thus well within the applicable 1-year, 90-day limitations period (see, General Municipal Law § 50-i [1]). The court erroneously found that defendant had not…
2Cases cited6 opinions
- Ziecker v. Town of Orchard ParkAppellate Division of the Supreme Court of the State of New York · 1979
- Wemett v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1978
- Claim of Ziecker v. Town of Orchard ParkNew York Court of Appeals · 1980
- Passalacqua v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1983
- Briggs v. City of GenevaAppellate Division of the Supreme Court of the State of New York · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. Otselic Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Arnold v. Town of CamillusAppellate Division of the Supreme Court of the State of New York · 2023
- Courtney Nicole R. v. Moravia Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2006