Legal Opinion

McCord v. City of New York

New York Supreme Court

Decided February 8, 2008Published

1Opinion of the Court

OPINION OF THE COURT

Kenneth C. Holder, J.

The application by plaintiff Richard J. McCord, as trustee of the bankruptcy estate of Susan Elazm, for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5) is denied.*

On August 2, 2006 Susan Elazm was allegedly injured when she fell on a public sidewalk in front of 229 86th Street in Brooklyn. A notice of claim was not filed against the City of New York on her behalf until October 24, 2007. According to plaintiff, a recent search has revealed that the New York City Department of Environmental Protection (DEP) performed…

2Cases cited6 opinions

  1. Groves v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  2. Laroc v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  3. Carbone v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1991
  4. Potts v. City of New York Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  5. 151-69 Nagle Avenue Associates v. JiminezCivil Court of the City of New York · 1990

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