From Casetext: Smarter Legal Research

Armstrong v. N.Y. Convention Ctr. Operating

Appellate Division of the Supreme Court of New York, First Department
Apr 21, 1994
203 A.D.2d 170 (N.Y. App. Div. 1994)

Summary

In Armstrong v. New York Convention Center Operating Corporation (203 A.D.2d 170), a case virtually indistinguishable from the present one, this Court upheld the denial of plaintiff's application "for leave to serve a late notice of claim nunc pro tunc," made after the statute of limitations had expired.

Summary of this case from Hall v. City of New York

Opinion

April 21, 1994

Appeal from the Supreme Court, New York County (William Davis, J.).


The court lacked the discretion to excuse plaintiffs' late service of their notice of claim since their motion for such relief was not made until after the one-year Statute of Limitations had run, and it makes no difference that plaintiffs, without court leave, had served the notice of claim within the limitations period. (Pierson v City of New York, 56 N.Y.2d 950.) Jeshurin v Liberty Lines Tr. ( 191 A.D.2d 412) is distinguishable, since here defendant's answer, served almost two months prior to the expiration of the limitations period, provided plaintiffs with clear notice that their complaint was dismissible for failure to timely serve a notice of claim.

Concur — Carro, J.P., Kupferman, Asch, Nardelli and Williams, JJ.


Summaries of

Armstrong v. N.Y. Convention Ctr. Operating

Appellate Division of the Supreme Court of New York, First Department
Apr 21, 1994
203 A.D.2d 170 (N.Y. App. Div. 1994)

In Armstrong v. New York Convention Center Operating Corporation (203 A.D.2d 170), a case virtually indistinguishable from the present one, this Court upheld the denial of plaintiff's application "for leave to serve a late notice of claim nunc pro tunc," made after the statute of limitations had expired.

Summary of this case from Hall v. City of New York
Case details for

Armstrong v. N.Y. Convention Ctr. Operating

Case Details

Full title:MONETTE ARMSTRONG et al., Appellants, v. NEW YORK CONVENTION CENTER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 21, 1994

Citations

203 A.D.2d 170 (N.Y. App. Div. 1994)
610 N.Y.S.2d 267

Citing Cases

Perez v. Empire Bus Co.

This statutory precondition serves "to enable municipalities to pass upon the merits of a claim before the…

Nacipucha v. City of New York

Therefore, although an application can be made before or after the commencement of an action, if there is a…