Legal Opinion
Joyce P. v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 2008PublishedCited by 5 opinions
1Opinion of the Court
Memorandum: Supreme Court improvidently exercised its discretion in denying claimant’s application for leave to serve a late notice of claim. Although claimant “ ‘fail[ed] to offer a reasonable excuse for the delay in [serving] a notice of claim, [such delay] is not fatal where, as here, actual notice was had and there is no compelling showing of prejudice to [the respondents]’ ” (Hale v Webster Cent. School Dist., 12 AD3d 1052, 1053 [2004]; see Matter of Gilbert v Eden Cent. School Dist., 306 AD2d 925, 926 [2003]; see generally Matter of Henderson v Town of Van Buren, 281 AD2d 872, 873…
2Cases cited3 opinions
- Hale v. Webster Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
- Gilbert v. Eden Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Henderson v. Town of Van BurenAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by5 opinions
- Arnold v. Town of CamillusAppellate Division of the Supreme Court of the State of New York · 2023
- Carpenter v. NY Advance Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Clark v. Roswell Park Cancer Institute Corp.New York Court of Claims · 2010
- DOE, JANE v. NORTH TONAWANDA CENTRAL SCHOOL DISTAppellate Division of the Supreme Court of the State of New York · 2011
- Doe v. North Tonawanda Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2011