Legal Opinion
James v. City of New York Department of Environmental Protection
Appellate Division of the Supreme Court of the State of New York
Decided February 27, 2007PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5), the petitioner appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated March 29, 2006, which denied his application for leave to serve a late notice of claim.
Ordered that the order is affirmed, with costs.
Timely service of a notice of claim is a condition precedent to a lawsuit sounding in tort and commenced against a municipality and its subdivisions (see General Municipal Law § 50-e [1] [a]; Davidson v Bronx Mun. Hosp., 64 NY2d 59, 61 [1984]; O’Brien v City of Syracuse, 54 NY2d 353, 358 [1981]). In decid*833ing…
2Cases cited14 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Davidson v. Bronx Municipal HospitalNew York Court of Appeals · 1984
- Flores v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2004
- Dell'Italia v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2006
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Groves v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
- National Grange Mutual Insurance v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 2008
- Abramovitz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Guminiak v. City of Mount Vernon Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2009
- Abramovitz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012