Hayes v. City of New York

1 Citing case

  1. Kilgore v. The City of New York

    2022 N.Y. Slip Op. 51073 (N.Y. Civ. Ct. 2022)

    To the extent some courts have held that the City may assert a waived statute-of-limitations defense later in litigation where there is no evidence of surprise or prejudice, those cases were not small claims actions where "delays are antithetical to small-claims litigation's basic purpose," and thus distinguishable. Small Claims Manual, at 144; contra., e.g., Hayes v. City of New York, 2020 NY Slip Op 30672(U), *5-6 (Sup. Ct., New York Co. 2020). As the First Department has noted, "[t]he corporation counsel's office, too, has an obligation to conduct lawsuits in a disciplined and efficient manner," which includes litigation consistent with the policy goals in creating the small claims process.