Legal Opinion

Cohen v. Pearl River Union Free School District

New York Court of Appeals

Decided November 18, 1980PublishedCited by 191 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

Where notice of claim has not been served within the 90-day period specified in section 50-e (subd 1) of the General Municipal Law, an individual possessing a potential tort claim against a public corporation may apply to the court pursuant to section 50-e (subd 5) for an extension of the time within which to serve such notice upon the defendant. As amended in 1976 (L 1976, ch 745, § 2), the statute provides that "[t]he extension shall not exceed the time limited for the commencement of an action by the claimant against the public corporation”. 1 Section 50-i…

2Cases cited15 opinions

  1. Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
  2. Martin v. School Board of Union Free District No. 28New York Court of Appeals · 1950
  3. Russo v. City of New YorkNew York Court of Appeals · 1932
  4. Hill v. Board of SupervisorsNew York Court of Appeals · 1890
  5. Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915

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3Cited by191 opinions

  1. Pierson v. City of New YorkNew York Court of Appeals · 1982
  2. Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
  3. Newcomb v. Middle Country Central School DistrictNew York Court of Appeals · 2016
  4. Hernandez v. New York City Health and Hospitals Corp.New York Court of Appeals · 1991
  5. Morris v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1982

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