Appellate Division of the Supreme Court of New York, 1981

Holland v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York · Decided April 20, 1981

81 A.D.2d 638; 440 N.Y.S.2d 559; 1981 N.Y. App. Div. LEXIS 11151

Cases that cite this one

2 later published cases cite this decision.

Matter of Balbuenas v. New York City Health & Hosps. Corp. (Appellate Division of the Supreme Court of New York 2022)
Matter of Darrin v. County of Cattaraugus (Appellate Division of the Supreme Court of New York 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— In a proceeding for leave to file a late notice of claim (see General Municipal Law, § 50-e; L 1969, ch 1016, as amd), petitioner Robert Holland appeals from so much of an order of the Supreme Court, Queens County, dated June 24, 1980, as, in granting the application as to Geraldine Holland, denied the application as to him. Order affirmed insofar *639as appealed from, without costs or disbursements. It was a proper exercise of discretion under the circumstances to grant leave to the injured petitioner to file a late notice of claim. The denial of leave to petitioner Robert Holland, whose claim was derivative in nature, cannot be said to have been an abuse of discretion (see Matter of Pizzano v Central School Dist. No. 1 of Town of Smithtown, 67 AD2d 708). Mollen, P.J., Cohalan, Margett and O’Connor, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.