Legal Opinion
Newcomb v. Middle Country Central School District
New York Court of Appeals
Decided December 22, 2016PublishedCited by 262 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge DiFiore.
The issue in this appeal is whether the lower courts abused their discretion in denying petitioner’s motion for leave to serve a late notice of claim.1 We conclude that it is an abuse of discretion as a matter of law when, as here, a court determines, in the absence of any record evidence to support such determination, that a respondent will be substantially prejudiced in its defense by a late notice of claim. Here, the lower courts also improperly placed the burden of proving substantial prejudice solely on petitioner. We therefore reverse.
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2Cases cited17 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Sarkisian Bros. v. State Division of Human RightsNew York Court of Appeals · 1979
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3Cited by262 opinions
- Matter of Fethallah v. New York City Police Dept.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of D'Agostino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Jaffier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Ruiz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Etienne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
257 more not listed; retrieve them via the Exa API.