Legal Opinion

Rogozinski v. Petronio

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

Decided June 8, 2001No. Appeal No. 1PublishedCited by 3 opinions

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

  1. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  2. Park Associates v. Crescent Park Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Conquest Cleaning Corp. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
  4. Geloromo v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by3 opinions

  1. Wilson v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2002
  2. Reed v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2003
  3. United Water New Rochelle, Inc. v. KingAppellate Division of the Supreme Court of the State of New York · 2005

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