Legal Opinion
Bitetto v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2004PublishedCited by 4 opinions
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 appeal is from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered November 20, 2003, which granted the petition.
Ordered that the order is affirmed, without costs or disbursements.
In deciding whether to permit the service of a late notice of claim, a court generally will consider three factors: (1) whether the petitioner demonstrated a reasonable excuse for the delay, (2) whether the public corporation acquired actual knowledge of the essential facts constituting…
2Cases cited8 opinions
- Lorseille v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Plantin v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Lyerly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Silva v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Greene v. Rochester Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McBee v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 2006
- Rodriguez v. Western Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Matter of Ashkenazie v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Zelin v. Blind Brook-Rye Union Free Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2018