Legal Opinion

Bell v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 2012PublishedCited by 40 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 City of New York appeals from an order of the Supreme Court, Kings County (Ash, J.), dated August 12, 2011, which granted the petition.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition is denied.

The Supreme Court improvidently exercised its discretion in granting the petition for leave to serve a late notice of claim. The petitioner failed to demonstrate a reasonable excuse for the failure to serve a timely notice of claim…

2Cases cited15 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Taylor v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
  3. Khalid v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Wright v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  5. Fenner v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by40 opinions

  1. Valila v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2013
  2. Destine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Fethallah v. New York City Police Dept.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Sanchez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Rojas v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2015

35 more not listed; retrieve them via the Exa API.

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