Claim of Church v. City of Geneva

Appellate Division of the Supreme Court of New York

Claim of Church v. City of Geneva

62 A.D.2d 1148, 405 N.Y.S.2d 421, 1978 N.Y. App. Div. LEXIS 11264

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

DecidedApril 7, 1978

StatusPublished

This text of 62 A.D.2d 1148 (Claim of Church v. City of Geneva) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Church v. City of Geneva, 62 A.D.2d 1148, 405 N.Y.S.2d 421, 1978 N.Y. App. Div. LEXIS 11264 (N.Y. Ct. App. 1978).

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Opinion

Order unanimously affirmed, with costs. Memorandum: We have held that the amendment to subdivision 5 of section 50-e of the General Municipal Law contained in chapter 745 of Laws of 1976 is retroactive (Rippe v City of Rochester, 57 AD2d 723; see, also, Nolan v County of Otsego, 55 AD2d 422; Matter of Smalls v New York City Health & Hosps. Corp., 55 AD2d 537; contra Matter of Pauletti v Freeport Union Free School Dist. No. 9, 59 AD2d 556) and under the provisions of that amendment the facts before Special Term clearly supported its order permitting the filing of a late notice of claim. (Appeal from order of Wayne Supreme Court—late notice of claim.) Present—Marsh, P. J., Moule, Cardamone, Simons and Dillon, JJ.

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Order unanimously affirmed, with costs. Memorandum: We have held that the amendment to subdivision 5 of section 50-e of the General Municipal Law contained in chapter 745 of Laws of 1976 is retroactive (Rippe v City of Rochester, 57 AD2d 723; see, also, Nolan v County of Otsego, 55 AD2d 422; Matter of Smalls v New York City Health & Hosps. Corp., 55 AD2d 537; contra Matter of Pauletti v Freeport Union Free School Dist. No. 9, 59 AD2d 556) and under the provisions of that amendment the facts before Special Term clearly supported its order permitting the filing of a late notice of claim. (Appeal from order of Wayne Supreme Court—late notice of claim.) Present—Marsh, P. J., Moule, Cardamone, Simons and Dillon, JJ.

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Bluebook (online)

62 A.D.2d 1148, 405 N.Y.S.2d 421, 1978 N.Y. App. Div. LEXIS 11264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-church-v-city-of-geneva-nyappdiv-1978.

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