§Why CasetextPricing

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

Brief

62 Cited authorities

  1. Leader v. Maroney

    97 N.Y.2d 95 (N.Y. 2001)   Cited 773 times   2 Legal Analyses
    Holding that courts have discretion to decide whether to extend time to serve for good cause shown or in the interest of justice

  2. Kolnacki v. State of New York

    2007 N.Y. Slip Op. 2436 (N.Y. 2007)   Cited 554 times
    In Kolnacki v State of New York (8 NY3d 277, 280-281 [2007]), the Court of Appeals said, "Lepkowski made clear that all of the requirements in section 11 (b) are 'substantive conditions upon the State's waiver of sovereign immunity' (1 NY3d at 207).

  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. Weiss v. Fote

    7 N.Y.2d 579 (N.Y. 1960)   Cited 565 times
    In Weiss, the New York Court of Appeals found that the City of Buffalo's Board of Safety, having made a reasonable decision with respect to the timing of traffic lights, was not subject to review.

  6. Alston v. State of New York

    97 N.Y.2d 159 (N.Y. 2001)   Cited 134 times
    Dismissing claim for failure to file within the time limitation of Court of Claims Act § 10

  7. Long v. State

    2006 N.Y. Slip Op. 5231 (N.Y. 2006)   Cited 113 times
    In Long v State of New York, 7 NY3d 269, 276 (2006), the Court of Appeals dismissed an unjust conviction claim because it was verified by counsel, not personally by the claimant, citing subdivision 4 and also quoting the 1984 Report of the Law Revision Commission that a claim "must be personally verified."

  8. 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.

  9. 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

  10. Hampson v. Connetquot Cent. Sch. Dist.

    114 A.D.3d 790 (N.Y. App. Div. 2014)   Cited 53 times

    2014-02-13 In the Matter of Christine HAMPSON, etc., respondent, v. CONNETQUOT CENTRAL SCHOOL DISTRICT, appellant. Ahmuty, Demers & McManus, Albertson, N.Y. (Glenn A. Kaminska and Nicholas M. Cardascia of counsel), for appellant. Law Offices of Peter D. Baron, PLLC, Melville, N.Y. (Julie T. Mark of counsel), for respondent. WILLIAM F. MASTRO Ahmuty, Demers & McManus, Albertson, N.Y. (Glenn A. Kaminska and Nicholas M. Cardascia of counsel), for appellant. Law Offices of Peter D. Baron, PLLC, Melville