Legal Opinion
McClatchie v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 2013PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered August 5, 2011, which denied plaintiffs application seeking leave to file a late notice of claim, and order, same court (Arthur Engoron, J.), entered January 9, 2012, which granted defendant’s motion to dismiss the complaint for failure to file a timely notice of claim, unanimously affirmed, without costs.
*468The court properly exercised its discretion by denying plaintiffs application, given that plaintiff failed to offer a reasonable excuse for the delay, does not contest that the City acquired no knowledge of the essential…
2Cases cited4 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Strauss v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Zarrello v. City of New YorkNew York Court of Appeals · 1983
- Ordillas v. MTA New York City TransitAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by5 opinions
- Colarossi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Colarossi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Moroz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of O'Rourke v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2022
- Matter of Smiley v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2019