§Why CasetextPricing

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

Brief

48 Cited authorities

  1. O'Brien v. City of Syracuse

    54 N.Y.2d 353 (N.Y. 1981)   Cited 1,291 times
    Holding that allegations involving "acts occurring after" the prior lawsuit were not barred by res judicata

  2. Edenwald Contracting Co., Inc. v. City of New York

    60 N.Y.2d 957 (N.Y. 1983)   Cited 995 times   1 Legal Analyses
    In Edenwald Contr. Co. v City of New York (60 N.Y.2d 957), the Court of Appeals, in rejecting a 6 1/2-year delay from the commencement of the action therein as laches, stated that lateness alone is not a barrier to the amendment of pleadings since there must be significant prejudice as well (see also, Sass v Mack Trucks, 158 A.D.2d 332; Granieri v Ryder Truck Rental, 112 A.D.2d 189 [which authorized the addition of a defense some 7 1/2 years after the joinder of issue]).

  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. Brown v. City of New York

    95 N.Y.2d 389 (N.Y. 2000)   Cited 251 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"

  6. 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”

  7. 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.

  8. Wally G. v. N.Y.C. Health & Hosps. Corp.

    2016 N.Y. Slip Op. 4443 (N.Y. 2016)   Cited 73 times
    In Wally G., the Court's concern was not rooted in the length of the delay, but rather in whether the medical records that were at issue provided respondent with sufficient notice of the petitioner's potential claims.

  9. D'Alessandro v. New York City Transit Authority

    83 N.Y.2d 891 (N.Y. 1994)   Cited 123 times
    In D'Alessandro v New York City Transit Authority, 83 N.Y.2d 891 [1994], the Court reversed to lower courts and re-instated the complaint.

  10. Jordan v. City of N.Y

    41 A.D.3d 658 (N.Y. App. Div. 2007)   Cited 78 times

    No. 2006-06451. June 19, 2007. In an action to recover damages for personal injuries, the defendant City of New York appeals, as limited by its brief, from so much an order of the Supreme Court, Kings County (Solomon, J.), dated May 31, 2006, as granted that branch of the plaintiffs motion which was for leave to serve a late notice of claim against it. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and Tahirih M. Sadrieh of counsel), for appellant. Gary N. Rawlins, Brooklyn

  11. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation