Luciano v. Fanberg Realty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
The Port Authority appeals from an order, entered after the commencement of this action, granting plaintiff leave to serve a notice of claim, nunc pro tunc. Since the filing of a notice of claim upon the Port Authority is a condition precedent to suit, and the applicable statute does not provide an exception in the circumstances presented, Special Term lacked the power to waive compliance. Accordingly, we reverse and dismiss the complaint as against the Port Authority.
*95Plaintiff, a tenant in a building in the City of New York, brought this action against the…
2Cases cited7 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Schillinger v. United StatesSupreme Court of the United States · 1894
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Buckles v. . State of New YorkNew York Court of Appeals · 1917
- Tripee v. Port of New York AuthorityNew York Court of Appeals · 1964
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Faillace v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 1987
- Lyons v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1996
- DeFilippis v. StateAppellate Division of the Supreme Court of the State of New York · 1990
- In the Matter of New York City Asbestos Litigation v. Aluminum Company of AmericaNew York Court of Appeals · 2014
- Giannone v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1987
22 more not listed; retrieve them via the Exa API.