Legal Opinion

March v. Town of Wappinger

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

Decided May 30, 2006PublishedCited by 23 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 petitioners appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated June 30, 2005, which denied the petition.

Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, the petition is granted, and the proposed notice of claim is deemed served.

*999The three key factors to be considered in evaluating an application for leave to serve a late notice of claim are “(1) whether the movant has a reasonable excuse for the failure to serve a…

2Cases cited15 opinions

  1. Ryder v. Garden City School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  2. Dibella v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  3. Termini v. Valley Stream Union Free School District No. 13Appellate Division of the Supreme Court of the State of New York · 2003
  4. Hale v. Webster Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
  5. Terrell Battle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by23 opinions

  1. Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  2. Paige Leeds v. Port Washington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  3. Matter of Jaffier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  4. Brownstein v. Incorporated Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 2008
  5. Matter of Khan v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2016

18 more not listed; retrieve them via the Exa API.

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