Whitestone Shopping Center, Inc. v. New York City Off-Track Betting Corp.

Appellate Division of the Supreme Court of New York

Whitestone Shopping Center, Inc. v. New York City Off-Track Betting Corp.

256 A.D.2d 331, 683 N.Y.S.2d 274, 1998 N.Y. App. Div. LEXIS 13173

Appellate Division of the Supreme Court of the State of New York·Decided December 7, 1998·Published·Cited by 1 cases

Opinion

—In an action to recover moneys due pursuant to a lease, the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated October 21, 1997, which granted the plaintiffs motion for leave to serve a late notice of claim.

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.

The Racing, Pari-Mutuel Wagering and Breeding Law requires that in an action to recover under a lease, a notice of claim must be served within 90 days after the cause of action shall have accrued (see, Racing, Pari-Mutuel Wagering and Breeding Law § 618; see also, Racing, Pari-Mutuel Wagering and Breeding Law § 514; Quicksilver Assocs. v Catskill Regional Off-Track Betting Corp., 213 AD2d 389). It is undisputed that no such notice was served within that time period.

Since Racing, Pari-Mutuel Wagering and Breeding Law § 618 does not provide for service of a late notice of claim, and since [332]*332General Municipal Law § 50-e is inapplicable to this action, it was improper to have granted the plaintiffs request for leave to serve a late notice of claim and its motion for leave to serve a late notice of claim is denied. Bracken, J. P., Santucci, Krausman and Florio, JJ., concur.

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—In an action to recover moneys due pursuant to a lease, the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated October 21, 1997, which granted the plaintiffs motion for leave to serve a late notice of claim.

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.

The Racing, Pari-Mutuel Wagering and Breeding Law requires that in an action to recover under a lease, a notice of claim must be served within 90 days after the cause of action shall have accrued (see, Racing, Pari-Mutuel Wagering and Breeding Law § 618; see also, Racing, Pari-Mutuel Wagering and Breeding Law § 514; Quicksilver Assocs. v Catskill Regional Off-Track Betting Corp., 213 AD2d 389). It is undisputed that no such notice was served within that time period.

Since Racing, Pari-Mutuel Wagering and Breeding Law § 618 does not provide for service of a late notice of claim, and since [332]*332General Municipal Law § 50-e is inapplicable to this action, it was improper to have granted the plaintiffs request for leave to serve a late notice of claim and its motion for leave to serve a late notice of claim is denied. Bracken, J. P., Santucci, Krausman and Florio, JJ., concur.

Whitestone Shopping Center, Inc. v. New York City Off-Track Betting Corp., 256 A.D.2d 331, 683 N.Y.S.2d 274, 1998 N.Y. App. Div. LEXIS 13173 (N.Y. Ct. App. 1998).

Pincite

256 A.D.2d 331 (Whitestone Shopping Center, Inc. v. New York City Off-Track Betting Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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