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PIERSON v. CITY OF NEW YORK

56 N.Y.2d 950 (1982)

Elof Pierson, Respondent, v. City of New York, Appellant. Ella Moore, Appellant, v. City of New York, Respondent. Michael Tarquinio et al., Appellants, v. City of New York, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 17, 1982.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Debra A. James, Stephen J. McGrath and Leonard Koerner of counsel), for City of New York, appellant in the first action, respondent in the second and third actions.

Gary Sinawski for Ella Moore, appellant.

Edward S. Rudofsky, James B. Zane and Frederick A. Polatsek for Michael Tarquinio and another, appellants.

Alan J. Firestone and Donald L. Marcovitz for Elof Pierson, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge MEYER dissents and votes to reverse in an opinion in which Judge FUCHSBERG concurs.

In Pierson v City of New York.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the motion to dismiss the city's affirmative defense should be denied and the certified question answered in the negative.

The 1976 amendments to section 50-e of the General Municipal Law permit a court to grant an application to file a late notice of claim after the commencement of the action...

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