Legal Opinion
Mondaca v. County of Westchester
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1993PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding for leave to serve a late notice of claim, the petitioners Lizette Mondaca and her mother Mirta Mondaca appeal from a judgment of the Supreme Court, Westchester County (Nastasi, J.), entered May 9, 1991, which denied the application.
Ordered that the judgment is affirmed, with costs.
General Municipal Law § 50-e requires that a person who sues a municipality or its subdivision in tort must serve a notice of claim upon the proposed defendant within 90 days of the incident constituting the gravaman of the complaint so that it may have a timely opportunity to investigate the matter…
2Cases cited3 opinions
- Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Ferrer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Goudie v. County of PutnamAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by5 opinions
- Matarrese v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Gangloff v. East Islip School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
- Oates v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1998
- Matarrese v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Traina v. ZambranaAppellate Division of the Supreme Court of the State of New York · 1994