Legal Opinion
Reed v. County of Westchester
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 1997PublishedCited by 5 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 petitioner appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered July 31, 1996, which denied her motion to renew the prior application.
Ordered that the order is affirmed, with costs.
Since there was a final judgment on the merits dismissing this special proceeding, under the circumstances of this case, the petitioner should have moved pursuant to CPLR 5015 and *715not by way of a motion to renew under CPLR 2221 (see, Matter of Willard v Town Bd., 216 AD2d 861;…
2Cases cited2 opinions
- Willard v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1995
- Able v. AbleAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- McCabe v. Town of Clarkson Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2006
- Curry v. Vertex Restoration Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Matter of Franco Belli Plumbing & Heating & Sons, Inc. v. New York City School Constr. Auth.Appellate Division of the Supreme Court of the State of New York · 2016
- Mid Island, L.P. v. KripalaniAppellate Terms of the Supreme Court of New York · 2014
- Matter of Stafford v. Incorporated Vil. of Rockville Ctr.Appellate Division of the Supreme Court of the State of New York · 2022