Legal Opinion

Kalenda v. Buffalo Municipal Housing Authority

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

Decided April 15, 1994PublishedCited by 9 opinions

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

  1. Morris v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1982
  2. Morris v. County of SuffolkNew York Court of Appeals · 1982
  3. Stenowich v. Colonie Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1989
  4. Fendig v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  5. 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

  1. Seif v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  2. Terrell Battle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  3. Hilton v. Town of RichlandAppellate Division of the Supreme Court of the State of New York · 1995
  4. Riordan v. East Rochester SchoolsAppellate Division of the Supreme Court of the State of New York · 2002
  5. 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.

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