Legal Opinion

Eso v. County of Westchester

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

Decided June 6, 1988PublishedCited by 12 opinions

1Opinion of the Court

Appeal by the County of Westchester and the Westchester County Police from an order of the Supreme Court, Westchester County (Nastasi, J.), entered August 12, 1986, which granted the respondent’s motion for leave to file a late notice of claim.

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

As no action by the respondent was pending against the County of Westchester or the Westchester County Police, his application for leave to serve a late notice of claim was improperly brought as a motion (see, Matter of Lannon v Town of Henrietta, 87 AD2d…

2Cases cited4 opinions

  1. Franz v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1985
  2. Lannon v. Town of HenriettaAppellate Division of the Supreme Court of the State of New York · 1982
  3. Lannon v. Town of HenriettaAppellate Division of the Supreme Court of the State of New York · 1985
  4. Keogh v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by12 opinions

  1. Sullivan v. Lindenhurst Union Free School District No. 4Appellate Division of the Supreme Court of the State of New York · 1991
  2. Farber v. County of HamiltonAppellate Division of the Supreme Court of the State of New York · 1990
  3. Lewin v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1997
  4. Nacipucha v. City of New YorkNew York Supreme Court · 2008
  5. Rogers v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1991

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