Legal Opinion
O'Neal v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 2004PublishedCited by 4 opinions
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Queens County (Hart, J.), dated March 19, 2003, which granted the application.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the application is denied.
The Supreme Court improvidently exercised its discretion in granting the petitioners’ application for leave to serve a late notice of claim since the petitioners did not demonstrate a reasonable excuse for their failure to timely serve a notice of…
2Cases cited5 opinions
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Termini v. Valley Stream Union Free School District No. 13Appellate Division of the Supreme Court of the State of New York · 2003
- Turner v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Di Fusco v. Mahopac School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
- Zervakis v. KyreakedesAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by4 opinions
- White v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
- Feliciano v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
- Sanchez v. Jericho Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2020
- Martinez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009