Gaye v. City of New York

Appellate Division of the Supreme Court of New York

Gaye v. City of New York

144 A.D.2d 532, 535 N.Y.S.2d 957, 1988 N.Y. App. Div. LEXIS 11917

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

DecidedNovember 21, 1988

StatusPublished

Cited by1 cases

This text of 144 A.D.2d 532 (Gaye v. City of New York) 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

Gaye v. City of New York, 144 A.D.2d 532, 535 N.Y.S.2d 957, 1988 N.Y. App. Div. LEXIS 11917 (N.Y. Ct. App. 1988).

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Opinion

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated June 10, 1987, which denied the application.

Ordered that the order is affirmed, with costs.

In view of the absence of any valid excuse for the petitioner’s approximately 10-month delay in serving a notice of claim, coupled with the prejudice to the respondent city which would result if the application were granted, the Supreme Court acted properly in denying the petitioner’s request to file a late notice of claim (see, Matter of Perry v City of New York, 133 AD2d 692; Kravitz v County of Rockland, 112 AD2d 352, affd 67 NY2d 685). Mollen, P. J., Thompson, Brown and Eiber, JJ., concur.

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In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated June 10, 1987, which denied the application.

Ordered that the order is affirmed, with costs.

In view of the absence of any valid excuse for the petitioner’s approximately 10-month delay in serving a notice of claim, coupled with the prejudice to the respondent city which would result if the application were granted, the Supreme Court acted properly in denying the petitioner’s request to file a late notice of claim (see, Matter of Perry v City of New York, 133 AD2d 692; Kravitz v County of Rockland, 112 AD2d 352, affd 67 NY2d 685). Mollen, P. J., Thompson, Brown and Eiber, JJ., concur.

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Bluebook (online)

144 A.D.2d 532, 535 N.Y.S.2d 957, 1988 N.Y. App. Div. LEXIS 11917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaye-v-city-of-new-york-nyappdiv-1988.

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