Harper v. City of New York
Cases that cite this one
4 later published cases cite this decision.
- Lozano v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2017)
- Vincent v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2015)
- Islam v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Islam v. City of New York (Appellate Division of the Supreme Court of New York 2013)
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
General Municipal Law § 50-e (5) only vests the court with the discretion to deem a notice of claim timely filed if the motion seeking such relief is made before the statute of limitations expires (Pierson v City of New York, 56 NY2d 950, 954-955 [1982]; McKie v LaGuardia Community Coll./CUNY, 85 AD3d 453 [2011]). Here, plaintiffs’ claims accrued on June 3, 1998, and the notice of claim was filed on September 2, 1998, one day after the 90 days allotted by General Municipal Law § 50-e (1) (a). Moreover, the statute of limitations for tort claims against a municipal entity is one year and 90 days after the event occurred (see General Municipal Law § 50-i [1]). Accordingly, plaintiffs’ cross motion, dated August 30, 2010, should have been denied since it was brought well after the statute of limitations for their claims had expired (see McKie at 454; Matter of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.