Legal Opinion
Rudisel v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided July 31, 1995PublishedCited by 15 opinions
1Opinion of the Court
In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioners appeal from an order of the Supreme Court, Kings County (Hutcherson, J.), dated May 3, 1993, which denied the application.
Ordered that the order is affirmed, with costs.
The question 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, Ortega v New York City Hous. Auth., 167 AD2d 337). Here, the Supreme Court did not improvidently exercise its discretion in denying the petitioners’ application. The…
2Cases cited2 opinions
- Carbone v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1991
- Ortega v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by15 opinions
- Morrison v. New York City HealthAppellate Division of the Supreme Court of the State of New York · 1997
- Terrell Battle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Embery v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Knightner v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Flynn v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1998
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