Legal Opinion
Carpenter v. Town of Babylon
Appellate Division of the Supreme Court of the State of New York
Decided May 1, 1989PublishedCited by 3 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 appeal is from an order of the Supreme Court, Suffolk County (Gowan, J.), entered January 15, 1988, which granted the petition.
Ordered that the order is affirmed, without costs or disbursements.
The court did not improvidently exercise its discretion in granting the petitioner’s application for leave to serve a late notice of claim (see, Cohen v Pearl Riv. Union Free School Dist, 51 NY2d 256; General Municipal Law § 50-e [5]). The petitioner presented sufficient facts to establish that…
2Cases cited7 opinions
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Cicio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Katz v. Rockville Centre Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1987
- Tetro v. Plainview-Old Bethpage Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1984
- Andersen v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moore v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- Lewis v. East Ramapo Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2013
- Lewis v. East Ramapo Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2013