Legal Opinion
Schiffman v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 2005PublishedCited by 9 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered January 23, 2004, denying petitioner’s application to serve and file a late notice of claim and dismissing the proceeding, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the application granted.
General Municipal Law § 50-e (5) confers upon the court discretion to determine whether to allow filing of a late notice of claim. Factors to be considered include, “whether the public corporation . . . acquired actual knowledge of the essential facts constituting the claim…
2Cases cited5 opinions
- Camacho v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Ayala v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Goodall v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Miranda v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Johnson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by9 opinions
- Paige Leeds v. Port Washington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
- Brownstein v. Incorporated Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 2008
- Thomas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Kellman v. Hauppauge Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Corwin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
4 more not listed; retrieve them via the Exa API.