Legal Opinion

LaMay v. County of Oswego

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

Decided March 21, 2008PublishedCited by 7 opinions

1Opinion of the Court

Memorandum: We agree with petitioner that Supreme Court abused its discretion in denying her application for leave to serve a late notice of claim. The record establishes that petitioner sustained injuries on March 11, 2006 as the result of respondents’ alleged negligence in responding to 911 calls *1352reporting that petitioner had taken an overdose of medication in an attempt to commit suicide. Petitioner did not seek leave to serve a late notice of claim until November 29, 2006. “In determining whether leave to serve a late notice of claim should be granted, the key factors are whether the…

2Cases cited10 opinions

  1. Wetzel Services Corp. v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 1994
  2. Hale v. Webster Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
  3. Gilbert v. Eden Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
  4. Ayala v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
  5. McHugh v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by7 opinions

  1. Hall v. Madison-Oneida County Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2009
  2. Terrigino v. Village of BrockportAppellate Division of the Supreme Court of the State of New York · 2011
  3. Coplon v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 2011
  4. PARTON, DOMINIC R. v. ONONDAGA COUNTYAppellate Division of the Supreme Court of the State of New York · 2011
  5. CLARK, TIMOTHY C. v. ROSWELL PARK CANCER INSTITUTE CORP.Appellate Division of the Supreme Court of the State of New York · 2012

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