Legal Opinion

Moore v. New York City Housing Authority

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

Decided November 29, 2011PublishedCited by 6 opinions

1Opinion of the Court

The Supreme Court improvidently exercised its discretion in granting the petitioner leave to serve a late notice of claim on the New York City Housing Authority (hereinafter the Housing Authority). Although one of the factors a court must consider in determining an application for leave to serve a late notice of claim is whether the claimant “made an excusable error concerning the identity of the public corporation against which the claim should be asserted” (General Municipal Law § 50-e [5]), here, the petitioner’s failure to ascertain that the Housing Authority owned the premises abutting…

2Cases cited10 opinions

  1. Devivo v. Town of CarmelAppellate Division of the Supreme Court of the State of New York · 2009
  2. Carpenter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  3. National Grange Mutual Insurance v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 2008
  4. Bridgeview at Babylon Cove Homeowners Ass'n v. Incorporated Village of BabylonAppellate Division of the Supreme Court of the State of New York · 2007
  5. Portnov v. City of Glen CoveAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by6 opinions

  1. Kelly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  2. McClancy v. Plainedge Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Mangino v. Town of MamaroneckAppellate Division of the Supreme Court of the State of New York · 2018
  4. Matter of Quinones v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
  5. Platt v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2013

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