Legal Opinion

Auditore v. City of New York

New York Supreme Court

Decided October 10, 2006Published

1Opinion of the Court

OPINION OF THE COURT

Michael D. Stallman, J.

This 9/11-related application for leave to serve a late notice of claim on respondent City of New York raises significant questions of subject matter jurisdiction, statute of limitations and commencement by filing.

Background

Petitioner alleges that he was exposed to toxic substances during rescue/recovery, construction, and demolition operations at Ground Zero, following the terrorist attacks on the World Trade Center on September 11, 2001.

By enacting the Air Transportation Safety and System Stabilization Act of 2001 (ATSSSA), Congress created a…

2Cases cited22 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Felder v. CaseySupreme Court of the United States · 1988
  3. Jones v. R. R. Donnelley & Sons Co.Supreme Court of the United States · 2004
  4. Pierson v. City of New YorkNew York Court of Appeals · 1982
  5. Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006

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