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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
Appellate Division of the Supreme Court of the State of New York·Decided April 7, 1978·Published

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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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).

62 A.D.2d 1148 (Claim of Church v. City of Geneva) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Nolan v. County of Otsego
55 A.D.2d 422 (Appellate Division of the Supreme Court of New York, 1977)
Smalls v. New York City Health & Hospitals Corp.
55 A.D.2d 537 (Appellate Division of the Supreme Court of New York, 1976)
Rippe v. City of Rochester
57 A.D.2d 723 (Appellate Division of the Supreme Court of New York, 1977)
Pauletti v. Freeport Union Free School District No. 9
59 A.D.2d 556 (Appellate Division of the Supreme Court of New York, 1977)