Legal Opinion
Cooper v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1981PublishedCited by 10 opinions
1Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: On this appeal from an order denying claimant’s motion for permission to serve and file a late notice of claim, we agree with Special Term’s determination that claimant failed to show that the public corporation timely acquired actual knowledge of the essential facts constituting the claim (see General Municipal Law, § 50-e, subd 5). In affirming, however, we note that had claimant demonstrated that the chief of police had timely acquired such actual knowledge it would have constituted knowledge of the municipality. Cases relied upon by…
2Cases cited3 opinions
- Bommarito v. StateAppellate Division of the Supreme Court of the State of New York · 1971
- Williams v. Town of IrondequoitAppellate Division of the Supreme Court of the State of New York · 1977
- Waterhouse v. HastingsAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by10 opinions
- Morgan v. City of ElmiraAppellate Division of the Supreme Court of the State of New York · 1985
- Andrews v. Village of SherburneAppellate Division of the Supreme Court of the State of New York · 1988
- Hayden v. Incorporated Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 1984
- Baehre v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1983
- Wencek v. County of ChautauquaAppellate Division of the Supreme Court of the State of New York · 1987
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