Gonzalez v. City of New York

Appellate Division of the Supreme Court of New York

Gonzalez v. City of New York

266 A.D.2d 290, 698 N.Y.S.2d 500, 1999 N.Y. App. Div. LEXIS 11339

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

DecidedNovember 8, 1999

StatusPublished

Cited by1 cases

This text of 266 A.D.2d 290 (Gonzalez 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.

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Gonzalez v. City of New York, 266 A.D.2d 290, 698 N.Y.S.2d 500, 1999 N.Y. App. Div. LEXIS 11339 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the City of New York appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated July 10, 1998, which granted the petition.

Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner failed to demonstrate, inter alia, either a reasonable excuse for the delay or that the City of New York received actual notice of her claim within the statutory time or within a reasonable time thereafter (see, General Municipal Law § 50-e [5]; Matter of Finneran v City of New York, 228 AD2d 596). Accordingly, the Supreme Court improvidently exercised its discretion in granting the petition. S. Miller, J. P., Sullivan, Krausman and H. Miller, JJ., concur.

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—In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5), the City of New York appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated July 10, 1998, which granted the petition.

Ordered that the order is reversed, as a matter of discretion, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner failed to demonstrate, inter alia, either a reasonable excuse for the delay or that the City of New York received actual notice of her claim within the statutory time or within a reasonable time thereafter (see, General Municipal Law § 50-e [5]; Matter of Finneran v City of New York, 228 AD2d 596). Accordingly, the Supreme Court improvidently exercised its discretion in granting the petition. S. Miller, J. P., Sullivan, Krausman and H. Miller, JJ., concur.

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Bluebook (online)

266 A.D.2d 290, 698 N.Y.S.2d 500, 1999 N.Y. App. Div. LEXIS 11339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-city-of-new-york-nyappdiv-1999.

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