Legal Opinion

Johnson v. Town of Hempstead

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

Decided May 23, 2005PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the County of Nassau appeals from an order of the Supreme Court, Nassau County (Joseph, J.), entered October 13, 2004, which granted the plaintiffs motion for leave to serve a late notice of claim upon it.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The Supreme Court improvidently exercised its discretion in granting the plaintiffs motion for leave to serve a late notice of claim upon the County of Nassau. As it is undisputed that the plaintiff did not make her application within one year and 90…

2Cases cited4 opinions

  1. Pierson v. City of New YorkNew York Court of Appeals · 1982
  2. Ceely v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Quintero v. Town of Babylon Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1991
  4. Schmidt v. Board of Cooperative Educational Services of Nassau CountyAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by4 opinions

  1. Decoteau v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  2. Decoteau v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  3. Robinson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2013
  4. Robinson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2013

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