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news & events / 01.08.20 /Nancy Durand

Firm News

Nancy Durand won an appeal on behalf of a local municipality in a proceeding pursuant to General Municipal Law § 50-e(5), for leave to serve a late notice of claim. The City appealed from an order of the Supreme Court, Westchester County, which granted a motion to renew a petition for leave to serve a late notice of claim that had been denied in a prior order of the same court entered three years earlier, and, upon renewal, granted the petition on the grounds of a change in the law. On January 8, 2020, the Appellate Division, Second Department, reversed, on the law, confirming that a party must seek leave to serve a late notice of claim within one year and 90 days of the accrual date of the claim, in accordance with General Municipal Law § 50-i(1), and a motion to renew does not toll that statutory period or relate back to the original petition.