Legal Opinion
Colarossi v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 2014PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered June 21, 2013, which granted plaintiffs motion for leave to serve a late notice of claim, unanimously reversed, on the law, without costs, and the motion denied.
The court improvidently exercised its discretion in granting plaintiffs motion. Plaintiffs excuse of law office failure is not a reasonable excuse for failing to timely serve a notice of claim (see Walker v City of New York, 46 AD3d 278, 281 [1st Dept 2007]). Although the failure to proffer a reasonable excuse is not alone fatal to a motion for leave to serve a late…
2Cases cited5 opinions
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Casale v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Mehra v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- McClatchie v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by9 opinions
- Clarke v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
- Eboni B. v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Salazar v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
- Matter of Salazar v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
- Bhatnagar v. City of New YorkNew York Supreme Court · 2016
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