Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement System
Cases that cite this one
64 later published cases cite this decision. The 25 that cite it most often are listed here.
- Silverstein v. State of New York (N.Y. Ct. Cl. 2024)
- Silverstein v. State of New York (N.Y. Ct. Cl. 2024)
- Silverstein v. State of New York (N.Y. Ct. Cl. 2024)
- Frederick v. State (N.Y. Ct. Cl. 2009)
- Qing Liu v. City University (Appellate Division of the Supreme Court of New York 1999)
- Beckford v. State (Appellate Division of the Supreme Court of New York 1999)
- Director v. State (Appellate Division of the Supreme Court of New York 1998)
- L. F. O'Connell Associates, Inc. v. State (N.Y. Ct. Cl. 1998)
- Soble v. State (Appellate Division of the Supreme Court of New York 1993)
- Marcus v. State (Appellate Division of the Supreme Court of New York 1991)
- Royal Insurance Co. of America v. State (N.Y. Ct. Cl. 1990)
- Bonaventure v. New York State Thruway Authority (Appellate Division of the Supreme Court of New York 1985)
- Innis v. State (Appellate Division of the Supreme Court of New York 1983)
- Edwards v. State (N.Y. Ct. Cl. 1983)
- Mattison v. State of New York (Appellate Division of the Supreme Court of New York 2026)
- Stewart v. City of New York (New York Supreme Court, New York County 2025)
- Fox v. State of New York (Appellate Division of the Supreme Court of New York 2025)
- Shultz v. State of New York (Appellate Division of the Supreme Court of New York 2020)
- WILLIAMS, LEE v. STATE OF NEW YORK (Appellate Division of the Supreme Court of New York 2015)
- Williams v. State (Appellate Division of the Supreme Court of New York 2015)
- Williams v. State (Appellate Division of the Supreme Court of New York 2015)
- Lee v. State (N.Y. Ct. Cl. 2015)
- Roye v. State of New York (N.Y. Ct. Cl. 2010)
- Corn Hill Landing, LLC v. State (New York Supreme Court 2006)
- Blanche v. State (N.Y. Ct. Cl. 2004)
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
OPINION OF THE COURT
Memoranda.
The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for the exercise of its discretion.
The Appellate Division erred in determining the application to file a late claim as a matter of law (cf. Cedano v City of New York, 51 NY2d 896). Contrary to that court’s view, the tender of a reasonable excuse for delay in filing a claim is not a precondition to permission to file a late claim such as to constitute a sine qua non for the requested relief. Subdivision 6 of section 10 of the Court of Claims Act permits late filing in the exercise of the court’s discretion after considering certain enumerated factors, expressly stated to be “among other factors”. Nothing in the statute makes the presence or absence of any one factor determinative.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order reversed, with costs, and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.