Legal Opinion
Allianz Insurance v. City of New York
New York Supreme Court
Decided December 23, 2003PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
Plaintiff moves for leave to purchase an index number and to file the summons and complaint nunc pro tunc. The City cross-moves for dismissal. The motions require reconsideration of the commencement by filing law (CPLR 304, 306-a) with the General Municipal Law requirements for filing claims against municipalities. (General Municipal Law § 50-e et seq.) Is the *752failure to purchase a new index number after conclusion of a related special proceeding, and the nonfiling of the summons and complaint, fatal, curable or waivable? How do such defects affect…
2Cases cited11 opinions
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Gershel v. PorrNew York Court of Appeals · 1996
- Matter of Arbitration Between Gleason & Michael Vee, Ltd.New York Court of Appeals · 2001
- Spodek v. New York State Commissioner of TaxationNew York Court of Appeals · 1995
- Abramov v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by2 opinions
- Allianz Ins. Co. v. City of New YorkNew York Supreme Court, New York County · 2003
- People v. ZappulaJustice Court of Village of Muttontown · 2013