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In the Matter of Raymond Newcomb et al., Appellants,v.Middle Country Central School District, Respondent.

Brief

125 Cited authorities

  1. Amabile v. City of Buffalo

    93 N.Y.2d 471 (N.Y. 1999)   Cited 748 times   1 Legal Analyses
    Holding constructive notice insufficient as a matter of law

  2. Gordon v. Eastern Ry. Supply

    82 N.Y.2d 555 (N.Y. 1993)   Cited 895 times
    Holding that defendants were liable under Labor Law § 240 for plaintiffs fall and injury occasioned by an allegedly defective sandblaster where such injuries were the foreseeable result of the failure to provide plaintiff with a safe scaffold or ladder while sandblasted a railway car from a ladder

  3. Williams v. Nassau County Medical Center

    2006 N.Y. Slip Op. 2454 (N.Y. 2006)   Cited 446 times   1 Legal Analyses
    Denying leave to serve a late Notice of Claim beyond statutory period even where petitioner argued for infancy toll

  4. Felice v. Central School

    50 A.D.3d 138 (N.Y. App. Div. 2008)   Cited 350 times
    In Matter of Felice v Eastport/South Manor Cent. School Dist., 50 AD3d 138 (2008), the Appellate Division emphasized that a municipality must have acquired actual knowledge of the essential facts constituting the claim, not merely knowledge of the incident.

  5. Voss v. Neth. Ins. Co.

    2014 N.Y. Slip Op. 1259 (N.Y. 2014)   Cited 247 times   1 Legal Analyses
    In Voss, the plaintiff asked the defendant whether an insurance policy with $75,000 in business interruption coverage would be sufficient, and the defendant “allegedly assured her that it would suffice.

  6. Brown v. City of New York

    95 N.Y.2d 389 (N.Y. 2000)   Cited 254 times
    Holding a notice of claim provides sufficient notice "to enable the city to investigate" if "based on the claimant's description municipal authorities can locate the place, fix the time and understand the nature of the accident" even if the claim is not "stated with literal nicety or exactness"

  7. Bender v. Health Hosps

    38 N.Y.2d 662 (N.Y. 1976)   Cited 296 times
    Holding that estoppel can apply "to notice of claim situations" to bar the defense whenever it is raised, explaining that "[this] equitable bar . . . may arise by virtue of positive acts, or omissions where there was a duty to act"

  8. Cohen v. Pearl River Union Free School District

    51 N.Y.2d 256 (N.Y. 1980)   Cited 213 times
    Noting that § 50–i “has generally been regarded as a Statute of Limitations subject to the tolls for infancy and insanity provided in CPLR 208”

  9. Beary v. City of Rye

    44 N.Y.2d 398 (N.Y. 1978)   Cited 221 times
    In Beary v. City of Rye, 44 N.Y.2d 398, 406 N YS.2d 9, 377 N.E.2d 453 (1978), the court stated that the foreign object exception should not be extended beyond the narrow scope of malpractice actions with facts similar to those in Flanagan v. Mt. Eden General Hospital, 24 N.Y.2d 427, 430, 301 N YS.2d 23, 26, 248 N.E.2d 871, 872 (1969), where that plaintiff was injured when a doctor negligently failed to remove clamps from the patient's body after surgery.

  10. Noseworthy v. City of New York

    298 N.Y. 76 (N.Y. 1948)   Cited 470 times
    In Noseworthy, the decedent somehow got down from the platform of defendant's subway station to the tracks and was struck by a train.

  11. Section 50-E - Notice of claim

    N.Y. Gen. Mun. Law § 50-E   Cited 4,872 times   2 Legal Analyses
    Providing that an application for leave to serve a late notice of claim shall be made to “the supreme court or to the county court”

  12. Section 59:8-9 - Notice of late claim

    N.J. Stat. § 59:8-9   Cited 491 times   4 Legal Analyses
    Providing exception to the ninety-day time limit if extraordinary circumstances are present

  13. Section 66 - Definitions

    N.Y. Gen. Constr. Law § 66   Cited 105 times
    Defining various types of corporations that may exist under state law