Legal Opinion

Stockle v. City of New York

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

Decided January 31, 2012PublishedCited by 1 opinion

1Opinion of the Court

The Supreme Court did not improvidently exercise its discretion in denying the petition for leave to serve a late notice of claim. The petitioners failed to provide a reasonable excuse for their failure to serve a timely notice of claim (see Matter of Blanco v City of New York, 78 AD3d 1048 [2010]; Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d 138, 150 [2008]), and the infancy of one of the petitioners, without any showing of a nexus between the infancy and the delay, was insufficient to constitute a reasonable excuse (see Robertson v *963Somers Cent. School Dist., 90 AD3d…

2Cases cited9 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Rivera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  3. Blanco v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  4. Tonissen v. Huntington U.F.S.D.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Cuffee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by1 opinion

  1. Matter of Unique Wooden v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016

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