Legal Opinion

McGarty v. City of New York

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

Decided October 16, 2007PublishedCited by 12 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Paul G. Feinman, *448J.), entered January 12, 2007, which granted defendant’s cross motion to dismiss the complaint for failure to file a timely notice of claim, unanimously affirmed, without costs.

Executive Order (Pataki) No. 113.7 (9 NYCRR 5.113.7), temporarily suspending, inter alia, local laws and ordinances establishing limitations of time for the filing or service of, inter alia, any notice or process “that the courts lack authority to extend through the exercise of discretion,” does not apply to notices of claim required as a condition precedent to…

2Cases cited4 opinions

  1. Wollins v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2004
  2. Hochberg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  3. Hochberg v. City of New YorkNew York Court of Appeals · 1984
  4. CB Richard Ellis, Buffalo, NY, LLC v. JLC Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by12 opinions

  1. Dodson v. Board of Education of the Valley Stream Union Free School DistrictDistrict Court, E.D. New York · 2014
  2. Croce v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  3. Bobko v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Bobko v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  5. Harding v. HernandezAppellate Division of the Supreme Court of the State of New York · 2008

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