Legal Opinion

Rodriguez v. City of New York

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

Decided January 14, 1982PublishedCited by 11 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Callahan, J.), entered April 29, 1981, denying plaintiff’s motion for leave to file a late notice of claim, affirmed, without costs. The chronology of events is fairly stated in the dissent. However, in order to obtain leave to serve a late notice of claim under subdivision 5 of section 50-e of the General Municipal Law, a party must give a satisfactory explanation for his delay. (Pierce v New York City Housing Auth., 43 AD2d 842.) Assuming that the plaintiff did have some “contact” with the hospital in February of 1980, he fails to give any explanation as…

2Cases cited1 opinion

  1. Pierce v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1974

3Cited by11 opinions

  1. Chattergoon v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  2. Fox v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
  3. Morgan v. City of ElmiraAppellate Division of the Supreme Court of the State of New York · 1985
  4. Bailey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
  5. Perkins v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1990

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