Gelish v. Dix Hills Water District
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 petitioner appeals from an order of the Supreme Court, Suffolk County (Farneti, J.), dated February 7, 2008, which denied the petition.
Ordered that the order is reversed, on the facts and in the exercise of discretion, the petition is granted, and the notice of claim is deemed served.
In determining whether to grant an application for leave to serve a late notice of claim, the key factors which the court must consider are whether the movant demonstrated a reasonable excuse for the…
2Cases cited12 opinions
- Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Paige Leeds v. Port Washington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Dell'Italia v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2006
- Brownstein v. Incorporated Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 2008
- Harrison v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Erichson v. City of Poughkeepsie Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2009
- Gershanow v. Town of ClarkstownAppellate Division of the Supreme Court of the State of New York · 2011
- Ambrico v. Lynbrook Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Brunson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Regan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
4 more not listed; retrieve them via the Exa API.