Legal Opinion
Lavalliere v. Department of Correction
Appellate Division of the Supreme Court of the State of New York
Decided April 8, 2003PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marcy Friedman, J.), entered October 11, 2001, which granted defendant City of New York’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The action was properly dismissed since the notice of claim was served more than 90 days after the accident and no motion for leave to serve a late notice of claim was made within the one-year-and-90-day statute of limitations (see Pierson v *371City of New York, 56 NY2d 950 [1982]). Neither defendant City’s participation in pretrial discovery nor the court’s prior resolution of…
2Cases cited6 opinions
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Camarella v. East Irondequoit Central School BoardNew York Court of Appeals · 1974
- Kelly v. StateAppellate Division of the Supreme Court of the State of New York · 1977
- Frank v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Kelly v. StateNew York Court of Appeals · 1978
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3Cited by3 opinions
- Laroc v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Hall v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Matter of Wahid v. New York City Dept. of Fin.Appellate Division of the Supreme Court of the State of New York · 2022