Legal Opinion

Prude v. County of Erie

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

Decided March 6, 1975PublishedCited by 26 opinions

1Opinion of the CourtCardamone, J.

The claimant, A1 Glover Prude, appeals from an order of Special Term which denied his motion for leave to serve a late notice of claim arising out of an incident occurring on April 25, 1973 when a radiator cover located in the Erie County Courthouse fell on claimant fracturing his left ankle.

The last day to file a notice of claim against respondent, County of Erie, was July 24, 1973. Claimant did not retain his present attorney until July 26, 1973, two days after the last day to file. The attorney promptly served a notice of motion for leave to file a late notice of claim and attached to it…

2Cases cited1 opinion

  1. Wurster v. . ArmfieldNew York Court of Appeals · 1903

3Cited by26 opinions

  1. Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
  2. McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
  3. Hooker v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1977
  4. Graboi v. KibelDistrict Court, S.D. New York · 1977
  5. Olean Urban Renewal Agency v. HermanAppellate Division of the Supreme Court of the State of New York · 1984

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