Legal Opinion

Gitis v. City of New York

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

Decided December 8, 2009PublishedCited by 1 opinion

1Opinion of the Court

Supreme Court exercised its discretion in an improvident manner in granting plaintiffs application for leave to file a late *490notice of claim some three months after expiration of the applicable 90-day deadline (General Municipal Law § 50-e [1] [a]; [5]; see e.g. Washington v City of New York, 72 NY2d 881, 883 [1988]). The record shows that petitioner not only failed to demonstrate that respondent City of New York had timely actual notice of her claim, but she also failed to establish a reasonable excuse for failing to meet the statutory deadline. Petitioner possessed the Big Apple Map…

2Cases cited3 opinions

  1. Gerzel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
  2. Washington v. City of New YorkNew York Court of Appeals · 1988
  3. Potts v. City of New York Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by1 opinion

  1. Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012

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