Legal Opinion

Martinez v. City of New York

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

Decided March 5, 2013PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered March 22, 2012, which granted defendant New York City Transit Authority’s (NYCTA) motion for summary judg*408ment dismissing the complaint for failure to file a notice of claim and denied plaintiffs’ cross motion for leave to serve a late notice of claim, unanimously affirmed, without costs.

In this personal injury action, plaintiffs filed a notice of claim against the City of New York and initially commenced the action against the City. The complaint was subsequently amended to add NYCTA as a defendant, but plaintiffs did not…

2Cases cited4 opinions

  1. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  2. Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
  3. Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
  4. Hartsdale Fire District v. Eastland Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

3Cited by4 opinions

  1. Lozano v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2017
  2. Tirado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  3. Tirado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  4. Incorporated Vil. of Freeport v. Freeport Plaza W., LLCNew York Court of Appeals · 2026

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