Day v. Greenburgh Eleven Union Free School District
Cases that cite this one
4 later published cases cite this decision.
- Matter of Ramirez v. City of New York (Appellate Division of the Supreme Court of New York 2017)
- Williams v. Gonzalez (Appellate Division of the Supreme Court of New York 2014)
- Williams v. Gonzalez (Appellate Division of the Supreme Court of New York 2014)
- Matter of Regan v. City of New York (Appellate Division of the Supreme Court of New York 2015)
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
The appellant contends that leave to serve a late notice of claim should have been denied because the claim is patently without merit. While the merits of a claim ordinarily are not considered on a motion for leave to serve a late notice of claim, leave should be denied where the proposed claim is patently without merit (see Matter of Catherine G. v County of Essex, 3 NY3d 175, 179 [2004]; Matter of Gaeta v Incorporated Vil. of Garden City, 72 AD3d 683, 684 [2010]; Matter of Chambers v Nassau County Health Care Corp., 50 AD3d 1134, 1135 [2008]). In opposition to the petition, the appellant failed to demonstrate at this stage of the proceedings that the underlying claim was patently without merit (see Matter of Billman v Town of Deerpark, 73 AD3d 1039, 1040 [2010]; Burke v Incorporated Vil. of Hempstead, 156 AD2d 630, 631 [1989]). Accordingly, upon re-argument, the Supreme Court properly rejected the appellant’s contention and adhered to its original determination granting the petition (see CPLR 2221 [d]). Dillon, J.P., Dickerson, Leventhal, Austin and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.