Winter v. City of Geneva

Appellate Division of the Supreme Court of New York

Winter v. City of Geneva

203 A.D.2d 939, 611 N.Y.S.2d 82

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

DecidedApril 15, 1994

StatusPublished

Cited by4 cases

This text of 203 A.D.2d 939 (Winter v. City of Geneva) 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

Winter v. City of Geneva, 203 A.D.2d 939, 611 N.Y.S.2d 82 (N.Y. Ct. App. 1994).

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Opinion

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court abused its discretion in granting plaintiffs’ motion to file a late notice of claim. Plaintiffs failed to demonstrate a reasonable excuse for the failure to file timely a notice of claim. The fact that an attorney was not immediately consulted because plaintiff Karl Winter, Jr., assumed that the pain in his hands would go away is not a sufficient excuse (see, Matter of Martin v City of New York, 100 AD2d 879). (Appeals from Order of Supreme Court, Ontario County, Curran, J.— Late Notice of Claim.) Present — Denman, P. J., Balio, Fallon, Doerr and Davis, JJ.

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—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court abused its discretion in granting plaintiffs’ motion to file a late notice of claim. Plaintiffs failed to demonstrate a reasonable excuse for the failure to file timely a notice of claim. The fact that an attorney was not immediately consulted because plaintiff Karl Winter, Jr., assumed that the pain in his hands would go away is not a sufficient excuse (see, Matter of Martin v City of New York, 100 AD2d 879). (Appeals from Order of Supreme Court, Ontario County, Curran, J.— Late Notice of Claim.) Present — Denman, P. J., Balio, Fallon, Doerr and Davis, JJ.

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Bluebook (online)

203 A.D.2d 939, 611 N.Y.S.2d 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winter-v-city-of-geneva-nyappdiv-1994.

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