Legal Opinion
Rotoli v. Town of Gaines
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1992PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Respondents appeal from an order granting claimants’ motion for leave to serve a late notice of claim. The claim accrued on September 18, 1990, and claimants made application pursuant to General Municipal Law § 50-e (5) on July 22,1991.
It is well-established that so long as the application is made within "the time limited for the commencement of an action” (General Municipal Law § 50-e [5]), the court is vested with broad discretion to grant or deny the application (see, Downey v Macedon Ctr. Volunteer Fire Dept., 179 AD2d 999; Barnes v…
2Cases cited9 opinions
- Ziecker v. Town of Orchard ParkAppellate Division of the Supreme Court of the State of New York · 1979
- Fox v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Barnes v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1984
- Claim of Ziecker v. Town of Orchard ParkNew York Court of Appeals · 1980
- Rosenblatt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by4 opinions
- Wetzel Services Corp. v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1994
- Blair v. County of OntarioAppellate Division of the Supreme Court of the State of New York · 2002
- Woods v. Geneva Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Orwat v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1992