Legal Opinion

Canty v. City of New York

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

Decided June 26, 2000PublishedCited by 5 opinions

1Opinion of the Court

In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the petitioner appeals from an order of the Supreme Court, Kings County (Bruno, J.), dated June 16, 1999, which denied the petition.

Ordered that the order is reversed, as a matter of discretion, with costs, and the petition is granted.

A court, after considering all of the relevant facts and circumstances presented to it, has the discretion to extend the time to serve a notice of claim (see, General Municipal Law § 50-e [5]; Matter of Battle v City of New York, 261 AD2d 614). *468One of the…

2Cases cited1 opinion

  1. Terrell Battle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by5 opinions

  1. Alexander v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
  2. Bazer v. Town of WalworthAppellate Division of the Supreme Court of the State of New York · 2000
  3. Jasinski v. HB Ward Technical SchoolAppellate Division of the Supreme Court of the State of New York · 2003
  4. Love v. City of AuburnAppellate Division of the Supreme Court of the State of New York · 2001
  5. Gentile v. Westchester Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011

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