Ferrara v. Terryville Fire District

Appellate Division of the Supreme Court of New York

Ferrara v. Terryville Fire District

110 A.D.2d 749, 488 N.Y.S.2d 45, 1985 N.Y. App. Div. LEXIS 48651

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

DecidedApril 15, 1985

StatusPublished

Cited by3 cases

This text of 110 A.D.2d 749 (Ferrara v. Terryville Fire District) 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

Ferrara v. Terryville Fire District, 110 A.D.2d 749, 488 N.Y.S.2d 45, 1985 N.Y. App. Div. LEXIS 48651 (N.Y. Ct. App. 1985).

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Opinion

Plaintiff William Ferrara, a volunteer fire fighter, sustained physical injuries while he was aiding respondent, a neighboring fire district, in controlling a fire on December 18, 1981. It was later discovered that the fire in which Mr. Ferrara was injured was deliberately set by a volunteer fire fighter working for respondent. Plaintiffs alleged that respondent permitted the arsonist to join its membership with full knowledge that he had a previous felony conviction for arson. Thus, plaintiff sought to hold respondent liable for the negligent act of hiring an employee who was known to be an arsonist.

On February 8, 1983, plaintiffs attempted to serve a notice of claim upon respondent, which was rejected as untimely. Thereafter, by notice of motion dated June 20,1983, plaintiffs moved, in effect, for an order permitting them to serve the late notice of claim upon respondent.

Because the injury to Mr. Ferrara occurred on December 18, 1981, at the time the motion was made, more than one year and 90 days had elapsed from the time the cause of action accrued (see, Sexstone v City of Rochester, 32 AD2d 737). As a result, the court was without discretion to grant the relief (see, General Municipal Law §§ 50-e, 50-i; Pierson v City of New York, 56 NY2d 950). Accordingly, the order denying plaintiffs’ motion is affirmed. Mangano, J. P., Brown, Niehoff and Lawrence, JJ., concur.

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Plaintiff William Ferrara, a volunteer fire fighter, sustained physical injuries while he was aiding respondent, a neighboring fire district, in controlling a fire on December 18, 1981. It was later discovered that the fire in which Mr. Ferrara was injured was deliberately set by a volunteer fire fighter working for respondent. Plaintiffs alleged that respondent permitted the arsonist to join its membership with full knowledge that he had a previous felony conviction for arson. Thus, plaintiff sought to hold respondent liable for the negligent act of hiring an employee who was known to be an arsonist.

On February 8, 1983, plaintiffs attempted to serve a notice of claim upon respondent, which was rejected as untimely. Thereafter, by notice of motion dated June 20,1983, plaintiffs moved, in effect, for an order permitting them to serve the late notice of claim upon respondent.

Because the injury to Mr. Ferrara occurred on December 18, 1981, at the time the motion was made, more than one year and 90 days had elapsed from the time the cause of action accrued (see, Sexstone v City of Rochester, 32 AD2d 737). As a result, the court was without discretion to grant the relief (see, General Municipal Law §§ 50-e, 50-i; Pierson v City of New York, 56 NY2d 950). Accordingly, the order denying plaintiffs’ motion is affirmed. Mangano, J. P., Brown, Niehoff and Lawrence, JJ., concur.

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Bluebook (online)

110 A.D.2d 749, 488 N.Y.S.2d 45, 1985 N.Y. App. Div. LEXIS 48651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferrara-v-terryville-fire-district-nyappdiv-1985.

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