Delgado v. Connolly

Appellate Division of the Supreme Court of New York

Delgado v. Connolly

246 A.D.2d 484, 667 N.Y.S.2d 255, 1998 N.Y. App. Div. LEXIS 698

Appellate Division of the Supreme Court of the State of New York·Decided January 29, 1998·Published·Cited by 4 cases

Opinion

Order, Supreme [485]*485Court, Bronx County (Douglas McKeon, J.), entered October 4, 1996, which granted petitioners’ (denominated claimants) application for leave to serve a late notice of claim upon respondents, unanimously reversed, on the law, without costs, and the application denied as unnecessary.

Since service of a notice of claim is not a condition precedent to commencement of an action against respondents, all police officers who executed a no-knock search warrant on an apartment occupied by petitioners (General Municipal Law § 50-e [1] [b]), the question of whether petitioners should be permitted to serve a late notice of claim is irrelevant. To the extent petitioners request this Court to grant them leave to amend their pending complaint against the City of New York and its Police Department and Housing Authority to include the individuals named as respondents herein, they should apply in the first instance to the IAS Court for such relief. Concur—Wallach, J. P., Rubin, Tom and Andidas, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme [485]*485Court, Bronx County (Douglas McKeon, J.), entered October 4, 1996, which granted petitioners’ (denominated claimants) application for leave to serve a late notice of claim upon respondents, unanimously reversed, on the law, without costs, and the application denied as unnecessary.

Since service of a notice of claim is not a condition precedent to commencement of an action against respondents, all police officers who executed a no-knock search warrant on an apartment occupied by petitioners (General Municipal Law § 50-e [1] [b]), the question of whether petitioners should be permitted to serve a late notice of claim is irrelevant. To the extent petitioners request this Court to grant them leave to amend their pending complaint against the City of New York and its Police Department and Housing Authority to include the individuals named as respondents herein, they should apply in the first instance to the IAS Court for such relief. Concur—Wallach, J. P., Rubin, Tom and Andidas, JJ.

Delgado v. Connolly, 246 A.D.2d 484, 667 N.Y.S.2d 255, 1998 N.Y. App. Div. LEXIS 698 (N.Y. Ct. App. 1998).

Pincite

246 A.D.2d 484 (Delgado v. Connolly) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related