Bennett v. Mele
Opinion of the Court
—In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the petitioner appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated April 23, 2001, which denied the application.
Ordered that the order is reversed, as a matter of discretion, with costs, the application is granted, and the notice of claim is deemed served.
Whether leave to serve a late notice of claim should be granted pursuant to General Municipal Law § 50-e (5) is a matter of discretion. This Court is “vested with the same power and discretion” that the Supreme Court possesses (Phoenix Mut. Life Ins. Co. v Conway, 11 NY2d 367, 370; see also Matter of Attorney-General of State of N.Y. v Katz, 55 NY2d 1015; O’Brien v Vassar Bros. Hosp., 207 AD2d 169, 171; Wyda v Makita Elec. Works, 162 AD2d 133).
In this case, the prescribed 90-day period expired on February 16, 2001, and the motion seeking leave to serve a late no
Case-law data current through December 31, 2025. Source: CourtListener bulk data.