Cooper v. City of Rochester
Cases that cite this one
10 later published cases cite this decision.
- Witko v. State of New York (Appellate Division of the Supreme Court of New York 1995)
- Andrews v. Village of Sherburne (Appellate Division of the Supreme Court of New York 1988)
- Wencek v. County of Chautauqua (Appellate Division of the Supreme Court of New York 1987)
- Herman v. Village of Chester (Appellate Division of the Supreme Court of New York 1986)
- Avila v. State (N.Y. Ct. Cl. 1986)
- Morgan v. City of Elmira (Appellate Division of the Supreme Court of New York 1985)
- Innes v. County of Genesee (Appellate Division of the Supreme Court of New York 1984)
- Hayden v. Incorporated Village of Hempstead (Appellate Division of the Supreme Court of New York 1984)
- Baehre v. County of Erie (Appellate Division of the Supreme Court of New York 1983)
- O'Dell v. Town of Greenport (Appellate Division of the Supreme Court of New York 1983)
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
Order unanimously affirmed, without costs. Memorandum: On this appeal from an order denying claimant’s motion for permission to serve and file a late notice of claim, we agree with Special Term’s determination that claimant failed to show that the public corporation timely acquired actual knowledge of the essential facts constituting the claim (see General Municipal Law, § 50-e, subd 5). In affirming, however, we note that had claimant demonstrated that the chief of police had timely acquired such actual knowledge it would have constituted knowledge of the municipality. Cases relied upon by Special Term and holding that knowledge of its police officers is not knowledge of the public corporation (see Williams v Town of Irondequoit, 59 AD2d 1049; Phillips v State of New York, 36 AD2d 679; Bommarito v State of New York, 35 AD2d 458) would apply where the claimed knowledge is that of the alleged tort-feasors and not, as here, where the claimed knowledge is that of the person having authority over the police department and responsibility for the conduct of its officers (see Matter of Waterhouse v Hastings, 73 AD2d 1034). (Appeal from order of Monroe Supreme Court, Pine, J. — late notice of claim.) Present — Dillon, P. J., Hancock, Jr., Doerr, Denman and Moule, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.