Legal Opinion

Mounsey v. City of New York

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

Decided December 15, 2009PublishedCited by 15 opinions

1Opinion of the Court

*999Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting that branch of the petition which was for leave to serve a late notice of claim upon the appellant, New York City Housing Authority.

General Municipal Law § 50-e (5) requires the court to consider certain factors in determining whether to grant leave to serve a late notice of claim, including whether (1) the petitioner demonstrated a reasonable excuse for failing to serve a timely notice of claim, (2) the public corporation acquired actual knowledge of the facts constituting the claim…

2Cases cited15 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  3. Wright v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  4. Korman v. Bellmore Public SchoolsAppellate Division of the Supreme Court of the State of New York · 2009
  5. Flynn v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1983

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3Cited by15 opinions

  1. Whittaker v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2010
  2. Kuterman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  3. Wright v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of Maldonado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Kerner v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2017

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