Friday, April 21, 2017

Leave to file a late notice of claim

Practice point:  General Municipal Law § 50-e(7) provides that "[w]here the application is for leave to serve a late notice of claim, it shall be accompanied by a copy of the proposed notice of claim." Failure to comply with that provision is sufficient justification to deny the motion.

Case:  Bethune v. Nassau Univ. Med. Ctr. (NUMC), NY Slip Op 02770 (2d Dep't April 12, 2017)

Here is the decision.

Monday's issue:  Damages, irreparable harm, and injunctive relief.