Legal Opinion
Deegan v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1996PublishedCited by 32 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, the appeal is from an order of the Supreme Court, Richmond County (Amann, J.), dated December 9, 1994, which granted the petitioners’ application.
Ordered that the order is reversed, as a matter of discretion, with costs, and the petition is dismissed.
The Supreme Court improvidently exercised its discretion in granting the petitioners’ application for leave to serve a late notice of claim. The key factors to be considered in adjudicating a petition of this nature are: (1) whether the…
2Cases cited5 opinions
- Fox v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Mallory v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Sosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Serrano v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Zbryski v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by32 opinions
- Devivo v. Town of CarmelAppellate Division of the Supreme Court of the State of New York · 2009
- Wright v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Placido v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 2013
- Groves v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
- Gilliam v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
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