Legal Opinion
Matter of Mitchell v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 2015No. 2014-10822PublishedCited by 8 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 upon the City of New York, the petitioner appeals from an order of the Supreme Court, Kings County (Jimenez-Salta, J.), dated September 12, 2014, which denied the petition and, in effect, dismissed the proceeding.
Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is granted.
A court, after considering all relevant facts and circumstances, has the discretion to extend the time to serve a notice of claim (see General Municipal Law §…
2Cases cited5 opinions
- Ragland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Brownstein v. Incorporated Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 2008
- Erichson v. City of Poughkeepsie Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of Romeo v. Long Is. Power Auth.Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of R. A. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
3Cited by8 opinions
- Matter of Fethallah v. New York City Police Dept.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Jaffier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Ruiz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Parker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Orozco v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
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