Legal Opinion

Ordillas v. MTA New York City Transit

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

Decided April 10, 2008PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered October 23, 2006, which denied plaintiff’s motion for leave to file a late notice of claim, unanimously affirmed, without costs.

Plaintiff’s proffered excuse of law office failure does not adequately excuse the year-long delay in filing a notice of claim (see Seif v City of New York, 218 AD2d 595 [1995]). She does not *392contend that defendant had actual knowledge of the facts and circumstances constituting her claim within the statutorily prescribed 90-day filing period or within a reasonable time thereafter (see General…

2Cases cited4 opinions

  1. Seif v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  2. Lefkowitz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
  3. Quinn v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  4. Tavarez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by4 opinions

  1. Santiago v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  2. McClatchie v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Smiley v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2019
  4. McClatchie v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013

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