Bussey v. City of New York
Cases that cite this one
4 later published cases cite this decision.
- Silberman v. City of Long Beach (Appellate Division of the Supreme Court of New York 2011)
- Ambrico v. Lynbrook Union Free School District (Appellate Division of the Supreme Court of New York 2010)
- Gelish v. Dix Hills Water District (Appellate Division of the Supreme Court of New York 2009)
- Erichson v. City of Poughkeepsie Police Department (Appellate Division of the Supreme Court of New York 2009)
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 an action to recover damages for personal injuries, etc., the defendant City of New York appeals from an order of the Supreme Court, Kings County (Battaglia, J.), dated March 28, 2007, which granted the plaintiffs’ motion for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5).
Under the facts of this case, the Supreme Court providently exercised its discretion in granting the plaintiffs’ motion for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5). The defendant City of New York acquired notice of the essential facts of the subject incident within a reasonable time after the statutory 90-day-period following the accident (see Matter of March v Town of Wappinger, 29 AD3d 998 [2006]; cf. Matter of National Sur. Corp. v Town of Greenburgh, 266 AD2d 550 [1999]). Moreover, the City was not prejudiced by the short delay (see Lossino v New York City Tr. Auth., 264 AD2d 383 [1999]). Rivera, J.P., Santucci, Dickerson and Belen, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.