Appellate Division of the Supreme Court of New York, 2003

Palumbo v. City of BufFalo

Appellate Division of the Supreme Court of New York · Decided November 21, 2003

1 A.D.2d 1032; 767 N.Y.S.2d 371; 1 A.D.3d 1032; 2003 N.Y. App. Div. LEXIS 12399

Cases that cite this one

14 later published cases cite this decision.

Tate v. State University Construction Fund (Appellate Division of the Supreme Court of New York 2017)
FOLMAR, MONA v. LEWISTON-PORTER CENTRAL SCHOOL DIST (Appellate Division of the Supreme Court of New York 2011)
Folmar v. Lewiston-Porter Central School District (Appellate Division of the Supreme Court of New York 2011)
Hale v. Webster Central School District (Appellate Division of the Supreme Court of New York 2004)
FICEK, MALACHI v. AKRON CENTRAL SCHOOL DISTRICT (Appellate Division of the Supreme Court of New York 2016)
Ficek v. Akron Central School District (Appellate Division of the Supreme Court of New York 2016)
Ficek v. Akron Central School District (Appellate Division of the Supreme Court of New York 2016)
CANDINO, JR., JOSEPH D. v. STARPOINT CENTRAL SCHOOL DISTRICT (Appellate Division of the Supreme Court of New York 2014)
Candino v. Starpoint Central School District (Appellate Division of the Supreme Court of New York 2014)
Candino v. Starpoint Central School District (Appellate Division of the Supreme Court of New York 2014)
Rose v. Rochester Housing Authority (Appellate Division of the Supreme Court of New York 2008)
Troutman v. Syracuse Housing Authority (Appellate Division of the Supreme Court of New York 2006)
Trusso v. Board of Education of Jamestown City School District (Appellate Division of the Supreme Court of New York 2005)
Lindstrom v. Board of Education (Appellate Division of the Supreme Court of New York 2005)

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

Appeal from that part of an order of Supreme Court, Erie County (Sedita, Jr., J.), entered September 16, 2002, that granted plaintiffs application for leave to serve a late notice of claim against defendant Buffalo Municipal Housing Authority.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the application is denied.

*1033Memorandum: We agree with defendant Buffalo Municipal Housing Authority (Housing Authority) that Supreme Court abused its discretion in granting plaintiffs application pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim against the Housing Authority. Although courts are vested with broad discretion in determining whether to grant such an application (see Wetzel Servs. Corp. v Town of Amherst, 207 AD2d 965 [1994]), here the court abused that discretion inasmuch as plaintiff failed to establish that the Housing Authority had actual knowledge of the essential facts constituting the claim (see Nationwide Ins. Co. v Village of Alexandria Bay, 299 AD2d 855, 856 [2002]). Plaintiff stated in his supporting affidavit that he was “informed by [his] employer . . . that city police, transit patrolmen and investigators immediately investigated the accident.” That statement alone is insufficient to establish that the Housing Authority had the requisite notice of the essential facts constituting the claim (see Oates v City of Niagara Falls [appeal No. 2], 247 AD2d 829 [1998]; Matter of Dancy v Poughkeepsie Hous. Auth., 220 AD2d 413 [1995]). Present—Wisner, J.P, Hurlbutt, Scudder, Gorski and Lawton, JJ.

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