Rogozinski v. Petronio
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 denied. Memorandum: Supreme Court erred in granting plaintiffs motion seeking leave to serve a late notice of claim against the County of Oneida (County). Because plaintiffs motion was filed after expiration of “the time limited for the commencement of an action * * * against [a] public corporation” (General Municipal Law § 50-e [5]), the court lacked jurisdiction to grant the motion unless it found that the County “[was] equitably estopped from raising the Statute of Limitations” (Di Geloromo v Metropolitan Suburban Bus Auth.,…
2Cases cited4 opinions
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Park Associates v. Crescent Park Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Conquest Cleaning Corp. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- Geloromo v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by3 opinions
- Wilson v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2002
- Reed v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2003
- United Water New Rochelle, Inc. v. KingAppellate Division of the Supreme Court of the State of New York · 2005