Legal Opinion

Caridi v. New York Convention Center Operating Corp.

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

Decided January 24, 2008PublishedCited by 10 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Louis B. York, J.), entered May 3, 2007, which, in an action for personal injuries, granted petitioner’s motion for leave to serve a late notice of claim, unanimously affirmed, without costs.

The court exercised its discretion in a provident manner in allowing petitioner to file a late notice of claim more than seven months after expiration of the 90-day filing requirement (see General Municipal Law § 50-e [1] [a]; [5]). Any alleged prejudice to respondent is undermined by reason of the State Police being on the scene at the time of the accident and…

2Cases cited3 opinions

  1. Strauss v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
  2. Barnes v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
  3. Gamoneda v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by10 opinions

  1. Mounsey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  2. Matter of Shumway v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2020
  3. Mercado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of Sosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Sosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015

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