Legal Opinion
Dube v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1990PublishedCited by 21 opinions
1Opinion of the Court
The petitioner did not explain why it took eight months to consult an attorney after his accident and why an additional four months elapsed before he made an application for leave to file a late notice of claim. The failure to provide such an explanation requires denial of the application (see, Matter of Perry v City of New York, 133 AD2d 692; Kravitz v County of Rockland, 112 AD2d 352). Moreover, although a police report was filed regarding the accident, a police report regarding an automobile accident does not of itself constitute notice of the accident to a municipality (see, Matter of…
2Cases cited5 opinions
- Morris v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1982
- Morris v. County of SuffolkNew York Court of Appeals · 1982
- Perry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Tarquinio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Kravitz v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by21 opinions
- Bell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Iacone v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of D'Agostino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Ribeiro v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1994
- Gobardhan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
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