Legal Opinion

Embery v. City of New York

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

Decided May 4, 1998PublishedCited by 14 opinions

1Opinion of the Court

—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the petitioner appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated January 17, 1997, which denied his application.

Ordered that the order is affirmed, with costs.

The determination of whether to grant an application for leave to serve a late notice of claim is left to the sound discretion of the court (see, Matter of Carty v City of New York, 228 AD2d 592; Matter of Rudisel v City of New York, 217 AD2d 702; Ortega v New York City Hous. Auth., 167 AD2d 337). Here,…

2Cases cited11 opinions

  1. Weber v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1994
  2. Dancy v. Poughkeepsie Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  3. Ortega v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  4. Rudisel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  5. Resto v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  2. Pico v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  3. Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  4. Wright v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  5. Portnov v. City of Glen CoveAppellate Division of the Supreme Court of the State of New York · 2008

9 more not listed; retrieve them via the Exa API.

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