Legal Opinion

O'Halloran v. City of New York

New York Supreme Court

Decided September 25, 2003PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael D. Stallman, J.

In this special proceeding, petitioner seeks leave to serve a late notice of claim, pursuant to General Municipal Law § 50-e (5).

Petitioner, a police officer, asserts that he was injured by exposure to toxic substances1 in the course of his work related to the rescue and recovery operations at the World Trade Center from September 11, 2001 until June 2002. He alleges, inter alia, that the City did not provide him with proper respiratory or protective equipment.

Statutory Standard

It is well settled that, when considering an application for leave to…

2Cases cited5 opinions

  1. Teresta v. City of New YorkNew York Court of Appeals · 1952
  2. Dubowy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  3. Annis v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
  4. Chechelnitskaya v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  5. Taha v. City of New YorkNew York Supreme Court · 2002

3Cited by2 opinions

  1. Antine v. City of New YorkNew York Supreme Court · 2006
  2. Auditore v. City of New YorkNew York Supreme Court · 2006

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