Legal Opinion
James v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided September 22, 1997PublishedCited by 4 opinions
1Opinion of the Court
In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the petitioner appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated April 10, 1996, which denied her application.
Ordered that the order is affirmed, with one bill of costs.
The key factors to be considered in deciding an application for leave to serve a late of notice of claim are whether the petitioner has demonstrated a reasonable excuse for the delay, whether the municipality acquired actual knowledge of the essential facts constituting the claim within 90 days…
2Cases cited11 opinions
- Deegan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Buddenhagen v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1995
- Weber v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1994
- Levette v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Pollicino v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lorseille v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- March v. Town of WappingerAppellate Division of the Supreme Court of the State of New York · 2006
- Lyerly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Cresci v. New York City Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2001