Holland v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Holland v. New York City Health & Hospitals Corp.

81 A.D.2d 638, 440 N.Y.S.2d 559, 1981 N.Y. App. Div. LEXIS 11151

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

DecidedApril 20, 1981

StatusPublished

Cited by2 cases

This text of 81 A.D.2d 638 (Holland v. New York City Health & Hospitals Corp.) 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

Holland v. New York City Health & Hospitals Corp., 81 A.D.2d 638, 440 N.Y.S.2d 559, 1981 N.Y. App. Div. LEXIS 11151 (N.Y. Ct. App. 1981).

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Opinion

— In a proceeding for leave to file a late notice of claim (see General Municipal Law, § 50-e; L 1969, ch 1016, as amd), petitioner Robert Holland appeals from so much of an order of the Supreme Court, Queens County, dated June 24, 1980, as, in granting the application as to Geraldine Holland, denied the application as to him. Order affirmed insofar [639]*639as appealed from, without costs or disbursements. It was a proper exercise of discretion under the circumstances to grant leave to the injured petitioner to file a late notice of claim. The denial of leave to petitioner Robert Holland, whose claim was derivative in nature, cannot be said to have been an abuse of discretion (see Matter of Pizzano v Central School Dist. No. 1 of Town of Smithtown, 67 AD2d 708). Mollen, P.J., Cohalan, Margett and O’Connor, JJ., concur.

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— In a proceeding for leave to file a late notice of claim (see General Municipal Law, § 50-e; L 1969, ch 1016, as amd), petitioner Robert Holland appeals from so much of an order of the Supreme Court, Queens County, dated June 24, 1980, as, in granting the application as to Geraldine Holland, denied the application as to him. Order affirmed insofar [639]*639as appealed from, without costs or disbursements. It was a proper exercise of discretion under the circumstances to grant leave to the injured petitioner to file a late notice of claim. The denial of leave to petitioner Robert Holland, whose claim was derivative in nature, cannot be said to have been an abuse of discretion (see Matter of Pizzano v Central School Dist. No. 1 of Town of Smithtown, 67 AD2d 708). Mollen, P.J., Cohalan, Margett and O’Connor, JJ., concur.

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Bluebook (online)

81 A.D.2d 638, 440 N.Y.S.2d 559, 1981 N.Y. App. Div. LEXIS 11151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-new-york-city-health-hospitals-corp-nyappdiv-1981.

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