Marino v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Marino v. New York City Transit Authority

248 A.D.2d 474, 668 N.Y.S.2d 924, 1998 N.Y. App. Div. LEXIS 2288

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

DecidedMarch 9, 1998

StatusPublished

This text of 248 A.D.2d 474 (Marino v. New York City Transit Authority) 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

Marino v. New York City Transit Authority, 248 A.D.2d 474, 668 N.Y.S.2d 924, 1998 N.Y. App. Div. LEXIS 2288 (N.Y. Ct. App. 1998).

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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 petitioners appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated November 22, 1996, which denied their application.

Ordered that the order is reversed, as a matter of discretion in the interest of justice, with costs, and the application is granted, and the notice of claim annexed to the petition is deemed served.

Under the circumstances of this case, the application should have been granted.

Rosenblatt, J. P., Ritter, Copertino and Goldstein, 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 petitioners appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated November 22, 1996, which denied their application.

Ordered that the order is reversed, as a matter of discretion in the interest of justice, with costs, and the application is granted, and the notice of claim annexed to the petition is deemed served.

Under the circumstances of this case, the application should have been granted.

Rosenblatt, J. P., Ritter, Copertino and Goldstein, JJ., concur.

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248 A.D.2d 474, 668 N.Y.S.2d 924, 1998 N.Y. App. Div. LEXIS 2288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marino-v-new-york-city-transit-authority-nyappdiv-1998.

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