Legal Opinion

Ezzo v. City of Schenectady

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

Decided May 20, 2004Published

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Caruso, J.), entered June 11, 2003 in Schenectady County, which granted petitioners’ application pursuant to General Municipal Law § 50-e (5) for leave to file late notices of claim.

Petitioners are former police officers who sustained disabling injuries while employed by respondent. In 1999, they gave up their rights under General Municipal Law § 207-c and retired in exchange for respondent’s promise to pay each of them workers’ compensation benefits of $400 per week for life. When respondent repudiated the agreement and reduced the payments in May…

2Cases cited11 opinions

  1. Pierson v. City of New YorkNew York Court of Appeals · 1982
  2. Klein v. City of YonkersNew York Court of Appeals · 1981
  3. Doyle v. 800, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
  4. Serkil, L. L. C. v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1999
  5. Kitonyi v. Albany CountyAppellate Division of the Supreme Court of the State of New York · 1987

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