Legal Opinion

St. Paul Guardian Insurance Corporation v. Pocatello Fire District

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

Decided December 13, 2011PublishedCited by 7 opinions

1Opinion of the Court

On May 31, 2010, a fire truck owned by the petitioner’s *762insured was struck by a fire truck owned by the Pocatello Fire District (hereinafter the respondent). The petitioner, as subrogee, sought to recover damages for injury to property sustained by its insured as a result of the collision, and filed the instant petition pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim upon the respondent.

The Supreme Court improvidently exercised its discretion in denying the petition for leave to serve a late notice of claim. The respondent acquired actual knowledge of…

2Cases cited8 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Whittaker v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2010
  3. Paige Leeds v. Port Washington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  4. Rivera-Guallpa v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2007
  5. Continental Insurance v. City of RyeAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by7 opinions

  1. Lavender v. Garden City Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2012
  2. Brunson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Cruz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  4. Claud v. West Babylon Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2013
  5. Claud v. West Babylon Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2013

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

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