Legal Opinion

Cali v. City of Poughkeepsie

Appellate Division of the Supreme Court of the State of New York

Decided May 24, 2011PublishedCited by 7 opinions

1Opinion of the Court

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated February 22, 2010, which denied the petition.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the petition. The petitioner failed to demonstrate a reasonable excuse for her failure to serve a timely notice of claim. The petitioner’s ignorance of the notice of claim requirement is not a reasonable excuse (see Matter of Padgett v City…

2Cases cited9 opinions

  1. Washington v. City of New YorkNew York Court of Appeals · 1988
  2. Shapiro v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1994
  3. Carpenter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  4. Troy v. Town of Hyde ParkAppellate Division of the Supreme Court of the State of New York · 2009
  5. State Farm Mutual Automobile Insurance v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Bell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  2. Rivera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  3. Humsted v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Peters-Heenpella v. WynnAppellate Division of the Supreme Court of the State of New York · 2013
  5. E.R. v. WindhamAppellate Division of the Supreme Court of the State of New York · 2020

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API