Legal Opinion

Allende v. City of New York

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

Decided January 26, 2010PublishedCited by 21 opinions

1Opinion of the Court

*932The Supreme Court providently exercised its discretion in denying that branch of the petition which was for leave to serve a late notice of claim on the City of New York. The City correctly contends that it is not liable to the petitioners for this incident, which occurred on public school premises, since it does not operate, maintain, or control the public schools (see Myers v City of New York, 64 AD3d 546, 547 [2009]; Leacock v City of New York, 61 AD3d 827 [2009]; Perez v City of New York, 41 AD3d 378, 379 [2007]). While the merits of a claim ordinarily are not considered on a motion for…

2Cases cited21 opinions

  1. Felice v. Eastport/South Manor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2008
  2. Catherine G. v. County of EssexNew York Court of Appeals · 2004
  3. Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  4. Gibbs v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  5. Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by21 opinions

  1. Whittaker v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2010
  2. Joy v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
  3. Matter of A.C. v. West Babylon Union Free School Dist.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Ramirez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  5. Cassidy v. Riverhead Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2015

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