Hey v. Town of Napoli
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: In September 1996 plaintiff moved for leave to serve a late notice of claim based on alleged damage to his property caused by defendant in October 1994. Supreme Court granted the motion upon defendant’s default. Plaintiff thereafter served *804a summons and complaint upon defendant in May 1997. Defendant moved to dismiss the complaint on the ground that the court lacked “subject matter jurisdiction” to grant plaintiffs motion for leave to serve a late notice of claim.
The court erred in…
2Cases cited14 opinions
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- United Nations Development Corp. v. Norkin Plumbing Co.New York Court of Appeals · 1978
- Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Post v. PostAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by11 opinions
- Henneberger v. County of NassauDistrict Court, E.D. New York · 2006
- Bielski v. GreenDistrict Court, W.D. New York · 2009
- Mazzola v. KellyAppellate Division of the Supreme Court of the State of New York · 2001
- Noel v. ShahbazAppellate Division of the Supreme Court of the State of New York · 2000
- Ziolkowski v. Han-Tek, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
6 more not listed; retrieve them via the Exa API.