Matter of D'Agostino v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioners appeal from an order of the Supreme Court, Kings County (Genovesi, J.), dated October 16, 2015, which denied the petition and, in effect, dismissed the proceeding.
Ordered that the order is affirmed, with costs.
“In determining whether to grant leave to serve a late notice of claim, the court must consider all relevant circumstances, including whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the…
2Cases cited16 opinions
- Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Newcomb v. Middle Country Central School DistrictNew York Court of Appeals · 2016
- Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Whittaker v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2010
- Valila v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2013
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
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- Matter of Vincent v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Simpson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Salazar v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
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