Legal Opinion
DelValle v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided August 25, 1997PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the petitioner appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated July 15, 1996, which denied his application.
Ordered that the order is affirmed, with costs.
“In deciding an application for leave to serve a late notice of claim, the court must consider, inter alia, whether the [petitioner] has demonstrated a reasonable excuse for the delay, whether the municipal entity acquired actual knowledge of the essential facts constituting the claim within 90 days after…
2Cases cited9 opinions
- Buddenhagen v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1995
- O'Mara v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 1994
- Sosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Ortega v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
- Rudisel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by3 opinions
- Mark v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1998
- Brennan v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2013
- Brennan v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2013