McGrue v. City of N.Y.
| Decision Date | 23 June 2021 |
| Docket Number | Index No. 702032/18,2019–05252 |
| Citation | 195 A.D.3d 932,146 N.Y.S.3d 507 (Mem) |
| Parties | In the Matter of Carey MCGRUE, petitioner-respondent, v. CITY OF NEW YORK, et al., appellants, et al., respondent. |
| Court | New York Supreme Court — Appellate Division |
195 A.D.3d 932
146 N.Y.S.3d 507 (Mem)
In the Matter of Carey MCGRUE, petitioner-respondent,
v.
CITY OF NEW YORK, et al., appellants, et al., respondent.
2019–05252
Index No. 702032/18
Supreme Court, Appellate Division, Second Department, New York.
Argued—February 18, 2021
June 23, 2021
Georgia M. Pestana, Acting Corporation Counsel, New York, N.Y. (Kathy C. Park, Deborah A. Brenner, and Elizabeth I. Freedman of counsel), for appellants.
Edelman, Krasin & Jaye, PLLC, Westbury, N.Y. (Monica P. Becker of counsel), for petitioner-respondent.
WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In a proceeding pursuant to General Municipal Law § 50–e(5) for leave to serve late notices of claim, the City of New York and the New York City Police Department appeal from an order of the Supreme Court, Queens County (Ernest F. Hart, J.), entered February 20, 2019. The order granted the petition.
ORDERED that the order is affirmed, with costs.
The petitioner allegedly was injured while attempting to walk across a street in Queens when he was struck by a marked police vehicle. By notice of petition dated May 15, 2018, the petitioner commenced this proceeding pursuant to General Municipal Law § 50–e(5) for leave to serve late notices of claim on the City of New York and the New York City Police Department (hereinafter together the City), alleging negligence. The Supreme Court granted the petition, and the City appeals. We affirm.
Pursuant to General Municipal Law § 50–e(1)(a), as condition precedent to commencing a tort action against a public corporation, a notice of claim must be served on the public corporation, within 90 days after the claim arises. This requirement is intended to protect public corporations against stale tort claims and to give them an opportunity to timely and efficiently investigate the claim (see Stiff v. City of New York, 114 A.D.3d 843, 843, 980 N.Y.S.2d 550 ;
Matter of Tumm v. Town of Eastchester, 8 A.D.3d...
To continue reading
Request your trial
-
Aykac v. City of New York
... 2022 NY Slip Op 33639(U) ILTER AYKAC, Plaintiff, v. CITY OF NEW YORK, LEON EISIKOWITZ, individually, and LEON B. EISIKOWITZ, M.D., P.C., Defendants ... its tortious conduct (see Davidson v Bronx Municipal ... Hosp., 64 N.Y.2d 59, 61 [1984]; McGrue v City of New ... York, 195 A.D.3d 932, 932 [2d Dept 2021]; Admin. Code ... § 7-201). The failure to satisfy this condition ... precedent may ... ...
-
Robinson v. City of N.Y.
...Newcomb v. Middle Country Cent. Sch. Dist., 28 N.Y.3d at 466, 45 N.Y.S.3d 895, 68 N.E.3d 714 ; cf. Matter of McGrue v. City of New York, 195 A.D.3d 932, 146 N.Y.S.3d 507 ; Matter of McVea v. County of Orange, 186 A.D.3d 1221, 1223, 130 N.Y.S.3d 63 ). CONNOLLY, J.P., MALTESE, WOOTEN and GENO......
-
Vincent v. City of N.Y.
...Newcomb v. Middle Country Cent. Sch. Dist., 28 N.Y.3d at 466, 45 N.Y.S.3d 895, 68 N.E.3d 714 ; cf. Matter of McGrue v. City of New York, 195 A.D.3d 932, 146 N.Y.S.3d 507 ; Matter of McVea v. County of Orange, 186 A.D.3d 1221, 1223, 130 N.Y.S.3d 63 ).Accordingly, the Supreme Court properly d......
-
Manbodh v. N.Y.C. Transit Auth.
...the delay would substantially prejudice the public corporation in its defense on the merits (see Matter of McGrue v. City of New York, 195 A.D.3d 932, 146 N.Y.S.3d 507 ; Matter of McVea v. County of Orange, 186 A.D.3d 1221, 130 N.Y.S.3d 63 ).Under the particular circumstances of this case, ......