Kalenda v. Buffalo Municipal Housing Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed. Memorandum: The IAS Court abused its discretion in granting plaintiff’s motion for leave to file a late notice of claim. Defendant did not acquire actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or within a reasonable time thereafter (see, General Municipal Law § 50-e [5]). Knowledge of the facts constituting the claim is the factor that "should be accorded great weight” (Matter of Stenowich v Colonie Indus. Dev. Agency, 151…
2Cases cited7 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
- Stenowich v. Colonie Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1989
- Fendig v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Gagliardi v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1982
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Seif v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Terrell Battle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Hilton v. Town of RichlandAppellate Division of the Supreme Court of the State of New York · 1995
- Riordan v. East Rochester SchoolsAppellate Division of the Supreme Court of the State of New York · 2002
- Bazer v. Town of WalworthAppellate Division of the Supreme Court of the State of New York · 2000
4 more not listed; retrieve them via the Exa API.