Legal Opinion

Matter of Virella v. City of New York

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

Decided March 31, 2016No. 675N 261044/14PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered March 31, 2015, which, to the extent appealed from as limited by the briefs, denied petitioner’s motion for leave to serve a late notice of claim nunc pro tunc upon respondent City of New York, unanimously affirmed, without costs.

The court providently exercised its discretion in denying petitioner leave to serve a late notice of claim. Petitioner, who alleges that he was assaulted by a fellow inmate while in the custody of the Department of Corrections (DOC), failed to meet any of the criteria necessary to warrant the…

2Cases cited3 opinions

  1. Sica v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
  2. Caminero v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Rivera v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by3 opinions

  1. Matter of Figueroa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of Figueroa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  3. Bhatnagar v. City of New YorkNew York Supreme Court · 2016

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