Legal Opinion
Giblin v. Nassau County Medical Center
New York Court of Appeals
Decided January 17, 1984PublishedCited by 96 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
The common question on these two appeals is whether the Statute of Limitations for municipal tort liability is tolled when the plaintiff applies for permission to file a late notice of claim. In each case Special Term held the statute was tolled, and denied a motion to dismiss, relying on our decision in Barchet v New York City Tr. Auth. (20 NY2d 1). *70However, in each instance the Appellate Division, Second Department, reversed and dismissed the complaint holding that the Barchet decision was no longer applicable in light of a 1976 amendment to section 50-e of…
2Cases cited8 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- New York State Bankers Ass'n v. AlbrightNew York Court of Appeals · 1975
- Barchet v. New York City Transit AuthorityNew York Court of Appeals · 1967
- Serravillo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1976
- Barton v. LavineNew York Court of Appeals · 1975
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3Cited by96 opinions
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Davidson v. Bronx Municipal HospitalNew York Court of Appeals · 1984
- Richardson v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2010
- Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Cassie v. CassieAppellate Division of the Supreme Court of the State of New York · 2013
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