7 Cited authorities

  1. Newcomb v. Middle Country Cent. Sch. Dist.

    2016 N.Y. Slip Op. 8581 (N.Y. 2016)   Cited 171 times
    In Newcomb, the Court of Appeals endorsed a new rule establishing a shifting burden of proof in demonstrating that a late notice of claim substantially prejudices a public corporation (see 28 N.Y.3d at 467, 45 N.Y.S.3d 895, 68 N.E.3d 714).
  2. In the Matter of Porcaro v. City of New York

    20 A.D.3d 357 (N.Y. App. Div. 2005)   Cited 73 times
    In Porcaro, we noted that the "petitioner filed his notice of claim within the statutory discretionary period as that period did not begin to run until... diagnosis" (id. at 358).
  3. Casale v. City of N.Y.

    945 N.Y.S.2d 92 (N.Y. App. Div. 2012)   Cited 16 times

    2012-05-29 In re Joseph J. CASALE, et al., Petitioners–Respondents, v. The CITY OF NEW YORK, Respondent–Appellant. Morris, Duffy Alonso & Faley, New York (Anna J. Ervolina and Andrea Alonso of counsel), for appellant. Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for respondents. FRIEDMAN Morris, Duffy Alonso & Faley, New York (Anna J. Ervolina and Andrea Alonso of counsel), for appellant. Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for respondents

  4. Grajko v. City of N.Y.

    57 N.Y.S.3d 11 (N.Y. App. Div. 2017)   Cited 7 times

    3535N 24793/16 05-25-2017 In re Ryszard Grajko, Petitioner-Respondent, v. The City of New York, et al., Respondents-Appellants. Cornell Grace, P.C., New York (Porsha R. Johnson of counsel), for appellants. Gregory J. Cannata & Associates, LLP, New York (Gregory J. Cannata of counsel), for respondent. Friedman, J.P., Sweeny, Renwick, Andrias, Manzanet-Daniels, JJ. Cornell Grace, P.C., New York (Porsha R. Johnson of counsel), for appellants. Gregory J. Cannata & Associates, LLP, New York (Gregory J

  5. Swensen v. City of New York

    126 A.D.2d 499 (N.Y. App. Div. 1987)   Cited 18 times

    January 29, 1987 Appeal from the Supreme Court, New York County (Kenneth Shorter, J.). On January 10, 1985, at about 8:40 A.M., an alarm sounded at Engine Company 47 of the New York City Fire Department, to which petitioner was assigned as a firefighter. Petitioner took up his post and was in the process of clearing a path for the fire engine to leave the firehouse by stopping traffic along West 113th Street when the fire engine struck him. He was taken to St. Luke's Hospital, where he was treated

  6. Matter of Nayyar v. Board of Education

    564 N.Y.S.2d 762 (N.Y. App. Div. 1991)   Cited 12 times

    January 29, 1991 Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.). Claimant Shanno Nayyar, a schoolteacher, was injured in a classroom when a shelf containing school supplies fell on her head, neck and shoulders. On the day of the accident, claimant filed a "Comprehensive Accident Report" which was received and signed by the school's principal. Due to her injuries, claimant was absent from her job from January 19, 1989 through February 17, 1989 when school recessed. At the request

  7. s 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 494 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review