Dell'Italia v. Long Island Rail Road
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*759In a proceeding for leave to serve a late notice of claim upon the Town of Brookhaven pursuant to General Municipal Law § 50-e, the petitioner appeals from an order of the Supreme Court, Suffolk County (Werner, J.), dated June 15, 2005, which denied the petition.
Ordered that the order is affirmed, with costs.
“In deciding whether to permit the service of a late notice of claim, the court generally will consider three factors: (1) whether the movant has a reasonable excuse for the failure to serve a timely notice of claim, (2) whether the municipality or agency acquired actual notice of the…
2Cases cited8 opinions
- Morris v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1982
- Morris v. County of SuffolkNew York Court of Appeals · 1982
- Dibella v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Termini v. Valley Stream Union Free School District No. 13Appellate Division of the Supreme Court of the State of New York · 2003
- Salvaggio v. Western Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 1994
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Valila v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2013
- Paige Leeds v. Port Washington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Narcisse v. Incorporated Village of Central IslipAppellate Division of the Supreme Court of the State of New York · 2007
28 more not listed; retrieve them via the Exa API.