Dublanica v. Rome Hospital/Murphy Memorial Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, on the law, without costs, and motion granted. Memorandum: We reverse and dismiss the action as untimely (see, General Municipal Law § 50-i). Although, because of a stay by statutory prohibition, the Statute of Limitations against the defendant municipal corporation was tolled from the time of service of the notice of motion for permission to file the late notice of claim until the granting of permission by Special Term (see, Giblin v Nassau County Med. Center, 61 NY2d 67), no additional stay was effected by reason of the appeal by the municipal corporation from…
2Cases cited5 opinions
- Giblin v. Nassau County Medical CenterNew York Court of Appeals · 1984
- De Crosta v. A. Reynolds Construction & Supply Corp.New York Court of Appeals · 1977
- Gordon v. Town of EsopusAppellate Division of the Supreme Court of the State of New York · 1985
- Christian v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 1957
- Christian v. Village of HerkimerNew York Court of Appeals · 1958
3Cited by6 opinions
- Harvey v. Handelman, Witkowicz & Levitsky, LLPAppellate Division of the Supreme Court of the State of New York · 2015
- Spillman v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1987
- Fassl v. New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1990
- HARVEY, SCOTT M. v. HANDELMAN, WITKOWICZ AND LEVITSKYAppellate Division of the Supreme Court of the State of New York · 2015
- Harvey v. Handelman, Witkowicz & Levitsky, LLPAppellate Division of the Supreme Court of the State of New York · 2015
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