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Moore v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1981
84 A.D.2d 562 (N.Y. App. Div. 1981)

Opinion

October 19, 1981


In an action, inter alia, to recover damages for the alleged improper demolition of the plaintiff's building, defendant appeals from an order of the Supreme Court, Kings County (Aronin, J.), dated November 6, 1980, which granted the plaintiff's motion for leave to file a late notice of claim "nunc pro tunc." Order reversed, on the law, without costs or disbursements, and motion denied. Special Term was without jurisdiction to grant the plaintiff's application after the expiration of the applicable Statute of Limitations (see General Municipal Law, § 50-e, subd 5; § 50-i, subd 1; Cohen v. Pearl Riv. Union Free School Dist., 51 N.Y.2d 256, 262-263; Fraccola v. City of Utica, 77 A.D.2d 161; Moran v. City of Albany, 73 A.D.2d 1010). Damiani, J.P., Gulotta, Margett and Bracken, JJ., concur.


Summaries of

Moore v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1981
84 A.D.2d 562 (N.Y. App. Div. 1981)
Case details for

Moore v. City of New York

Case Details

Full title:ELLA MOORE, Respondent, v. CITY OF NEW YORK, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 19, 1981

Citations

84 A.D.2d 562 (N.Y. App. Div. 1981)

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