Casale v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered April 5, 2011, which granted petitioners’ motion for leave to serve a late notice of claim, unanimously reversed, on the law, without costs, and the motion denied.
The IAS court improvidently exercised its discretion in granting the motion (see General Municipal Law § 50-e [5]). Petitioners failed to offer a reasonable excuse for not serving a timely notice of claim. Indeed, petitioners failed to submit any medical evidence supporting their assertion that the injured petitioner’s physical condition prevented them from timely…
2Cases cited8 opinions
- Carpenter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Figueroa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Grant v. Nassau County Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2009
- Bullard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
- Williams v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by19 opinions
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- Matter of Grajko v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Borrero v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2015
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