failure to file claim (New York) · Go Syfert
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failure to file claim in New York

27 New York opinions name it 7 courts 1903–2013 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Claim of Neville v. Magazine Distributors, Inc.green
nyappdiv · 2009 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013Workers’ Compensation Law § 28 provides that the employer “shall be deemed to have waived the bar of the statute unless the objection to the failure to file the claim within two years is raised on the first hearing on such claim at which all parties in interest are present.” Inasmuch as the record reflects that the defense of untimeliness was raised at the first hearing at which all parties in interest were present, we find no reason to disturb the Board’s determination (see Matter of Neville v Magazine Distribs., Inc., 61 AD3d 1165, 1166 [2009], lv denied 12 NY3d 712 [2009]; Matter of Petitt

2013Workers’ Compensation Law § 28 provides that the employer “shall be deemed to have waived the bar of the statute unless the objection to the failure to file the claim within two years is raised on the first hearing on such claim at which all parties in interest are present.” Inasmuch as the record reflects that the defense of untimeliness was raised at the first hearing at which all parties in interest were present, we find no reason to disturb the Board’s determination (see Matter of Neville v Magazine Distribs., Inc., 61 AD3d 1165, 1166 [2009], lv denied 12 NY3d 712 [2009]; Matter of Petitt

22
Claim of Petitt v. Eaton & Van Winklegreen
nyappdiv · 2004 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013Workers’ Compensation Law § 28 provides that the employer “shall be deemed to have waived the bar of the statute unless the objection to the failure to file the claim within two years is raised on the first hearing on such claim at which all parties in interest are present.” Inasmuch as the record reflects that the defense of untimeliness was raised at the first hearing at which all parties in interest were present, we find no reason to disturb the Board’s determination (see Matter of Neville v Magazine Distribs., Inc., 61 AD3d 1165, 1166 [2009], lv denied 12 NY3d 712 [2009]; Matter of Petitt

2013Workers’ Compensation Law § 28 provides that the employer “shall be deemed to have waived the bar of the statute unless the objection to the failure to file the claim within two years is raised on the first hearing on such claim at which all parties in interest are present.” Inasmuch as the record reflects that the defense of untimeliness was raised at the first hearing at which all parties in interest were present, we find no reason to disturb the Board’s determination (see Matter of Neville v Magazine Distribs., Inc., 61 AD3d 1165, 1166 [2009], lv denied 12 NY3d 712 [2009]; Matter of Petitt

22
Claim of Kane v. PPG Industriesgreen
nyappdiv · 2000 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013Workers’ Compensation Law § 28 provides that the employer “shall be deemed to have waived the bar of the statute unless the objection to the failure to file the claim within two years is raised on the first hearing on such claim at which all parties in interest are present.” Inasmuch as the record reflects that the defense of untimeliness was raised at the first hearing at which all parties in interest were present, we find no reason to disturb the Board’s determination (see Matter of Neville v Magazine Distribs., Inc., 61 AD3d 1165, 1166 [2009], lv denied 12 NY3d 712 [2009]; Matter of Petitt

2013Workers’ Compensation Law § 28 provides that the employer “shall be deemed to have waived the bar of the statute unless the objection to the failure to file the claim within two years is raised on the first hearing on such claim at which all parties in interest are present.” Inasmuch as the record reflects that the defense of untimeliness was raised at the first hearing at which all parties in interest were present, we find no reason to disturb the Board’s determination (see Matter of Neville v Magazine Distribs., Inc., 61 AD3d 1165, 1166 [2009], lv denied 12 NY3d 712 [2009]; Matter of Petitt

22
Claim of Ingham v. Oswego Countygreen
nyappdiv · 1991 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006Where, as here, a landowner executes an agreement for advance payment, and an advance payment of just compensation has been made, the failure to file a claim within three years of service of the notice of acquisition will result in the matter being deemed fully settled (see Boyajian v State of New York, 293 AD2d 560, 561 [2002]; Ebbets v State of New York, 64 AD2d 794 [1978], affd 47 NY2d 973 [1979]), notwithstanding that the service of the notice of acquisition was effected more than 90 days after the filing of the acquisition maps (see EDPL 502 [A]; cf. Matter of Ingham v Oswego County, 178

11
Boyajian v. Stategreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006Where, as here, a landowner executes an agreement for advance payment, and an advance payment of just compensation has been made, the failure to file a claim within three years of service of the notice of acquisition will result in the matter being deemed fully settled (see Boyajian v State of New York, 293 AD2d 560, 561 [2002]; Ebbets v State of New York, 64 AD2d 794 [1978], affd 47 NY2d 973 [1979]), notwithstanding that the service of the notice of acquisition was effected more than 90 days after the filing of the acquisition maps (see EDPL 502 [A]; cf. Matter of Ingham v Oswego County, 178

11
Jackson v. Stategreen
nyappdiv · 1981 · cited in 1 New York opinions naming this issue, 1988–1988
1 sentence

1988In order to treat a notice of intent as a claim, the notice of intent must state a cause of action (see, Jackson v State of New York, 85 AD2d 818, 819, lv dismissed and denied 56 NY2d 501 , 568; see also, Waters of Saratoga Springs v State of New York, 68 NY2d 777 ) and the failure to file the claim must not have prejudiced the State (see, Carnesi v State of New York, 140 AD2d 912 ; Chalmers & Son v State of New York, supra).

11
Carnesi v. Stategreen
nyappdiv · 1988 · cited in 1 New York opinions naming this issue, 1988–1988
1 sentence

1988In order to treat a notice of intent as a claim, the notice of intent must state a cause of action (see, Jackson v State of New York, 85 AD2d 818, 819, lv dismissed and denied 56 NY2d 501 , 568; see also, Waters of Saratoga Springs v State of New York, 68 NY2d 777 ) and the failure to file the claim must not have prejudiced the State (see, Carnesi v State of New York, 140 AD2d 912 ; Chalmers & Son v State of New York, supra).

11
Waters of Saratoga Springs, Inc. v. Stategreen
ny · 1986 · cited in 1 New York opinions naming this issue, 1988–1988
1 sentence

1988In order to treat a notice of intent as a claim, the notice of intent must state a cause of action (see, Jackson v State of New York, 85 AD2d 818, 819, lv dismissed and denied 56 NY2d 501 , 568; see also, Waters of Saratoga Springs v State of New York, 68 NY2d 777 ) and the failure to file the claim must not have prejudiced the State (see, Carnesi v State of New York, 140 AD2d 912 ; Chalmers & Son v State of New York, supra).

11
Matter of Simon v. American Express Companygreen
ny · 1927 · cited in 1 New York opinions naming this issue, 1961–1961
1 sentence

1961In an early case the Industrial Commissioner held, as appears from the record on appeal, that the parties’ appearance at a hearing within the then statutory one-year period “ constitutes * * * a proper claim for compensation” but this court reversed the award and dismissed the claim “ because of the failure to file the claim for compensation within one year after the accident.” (Chefety v. Hearn & Son, 212 App. Div. 844 ; see, also, Matter of Simon v. American Express Co., 217 App. Div. 802 , affd. 244 N. Y. 560 , and record on appeal.) In the case before us, the appellant carrier was not pres

11
Worden v. Henrygreen
nyappdiv · 1926 · cited in 1 New York opinions naming this issue, 1961–1961
1 sentence

1961In an early case the Industrial Commissioner held, as appears from the record on appeal, that the parties’ appearance at a hearing within the then statutory one-year period “ constitutes * * * a proper claim for compensation” but this court reversed the award and dismissed the claim “ because of the failure to file the claim for compensation within one year after the accident.” (Chefety v. Hearn & Son, 212 App. Div. 844 ; see, also, Matter of Simon v. American Express Co., 217 App. Div. 802 , affd. 244 N. Y. 560 , and record on appeal.) In the case before us, the appellant carrier was not pres

11
Claim of Short v. Board of Educationgreen
nysupct · 1956 · cited in 1 New York opinions naming this issue, 1960–1960
1 sentence

1960It is therefore clear that the ‘ safeguards devised by the law to protect, municipalities against fraudulent and stale claims’ have not been violated.” (Biancoviso v. City of New York, 285 App. Div. 320, 322 [1955]; see, also, Matter of Short v. Board of Educ. of City of Watertown, 12 Misc 2d 440 [1956].) “ Unless it definitely appears that the public agency has been prejudiced due to the failure to file a claim in behalf of an infant, the recent decisions of our appellate courts seem to hold that discretion should be exercised in favor of the infant claimant.” (Matter of Lepenske v. Board of

11
Biancoviso v. City of New Yorkgreen
nyappdiv · 1955 · cited in 1 New York opinions naming this issue, 1960–1960
1 sentence

1960It is therefore clear that the ‘ safeguards devised by the law to protect, municipalities against fraudulent and stale claims’ have not been violated.” (Biancoviso v. City of New York, 285 App. Div. 320, 322 [1955]; see, also, Matter of Short v. Board of Educ. of City of Watertown, 12 Misc 2d 440 [1956].) “ Unless it definitely appears that the public agency has been prejudiced due to the failure to file a claim in behalf of an infant, the recent decisions of our appellate courts seem to hold that discretion should be exercised in favor of the infant claimant.” (Matter of Lepenske v. Board of

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (30)

CaseCitedYears
Schnee v. City of New York neutral
nyappdiv · 1955
2 sentences

1972Said failure appears to have arisen from sheer neglect or inadvertence of the infant rather than his immaturity (cf. Schnee v. City of New York, 285 App. Div. 1130 , affd. 1 N Y 2d 697).

1970(See Schnee v. City of New York, 285 App. Div. 1130 , affd. 1 N Y 2d 697; Anderson v. County of Nassau, 31 A D 2d 761; Matter of Borowski v. Town of Clarence, 19 A D 2d 580.) No showing is made of any significant omission or misstatement of fact by the infant or his mother concerning the injury and the place of its occurrence which might reasonably have affected counsel’s judgment in his designation of the corporate party defendant to whom notice was to be given.

41963–1972
People Ex Rel. Matos v. Warden, Rikers Is. Correctional Facility green
ny · 2009
2 sentences

2013Workers’ Compensation Law § 28 provides that the employer “shall be deemed to have waived the bar of the statute unless the objection to the failure to file the claim within two years is raised on the first hearing on such claim at which all parties in interest are present.” Inasmuch as the record reflects that the defense of untimeliness was raised at the first hearing at which all parties in interest were present, we find no reason to disturb the Board’s determination (see Matter of Neville v Magazine Distribs., Inc., 61 AD3d 1165, 1166 [2009], lv denied 12 NY3d 712 [2009]; Matter of Petitt

2013Workers’ Compensation Law § 28 provides that the employer “shall be deemed to have waived the bar of the statute unless the objection to the failure to file the claim within two years is raised on the first hearing on such claim at which all parties in interest are present.” Inasmuch as the record reflects that the defense of untimeliness was raised at the first hearing at which all parties in interest were present, we find no reason to disturb the Board’s determination (see Matter of Neville v Magazine Distribs., Inc., 61 AD3d 1165, 1166 [2009], lv denied 12 NY3d 712 [2009]; Matter of Petitt

22013–2013
Nori v. City of Yonkers green
nyappdiv · 1948
2 sentences

1971(Matter of Borowski v. Town of Clarence, supra.) ” In the Borowski case, the court had held that a 19-year-old infant had failed to show a “ cognizable relation between the fact of infancy and the failure to file a claim within the statutory time limitation ’ ’, and had cited among other cases, Matter of Nori v. City of Yonkers ( 274 App. Div. 545 , affd. 300 N. Y. 632 , supra).

1971(Matter of Borowski v. Town of Clarence, supra.) ” In the Borowski case, the court had held that a 19-year-old infant had failed to show a “ cognizable relation between the fact of infancy and the failure to file a claim within the statutory time limitation ’ ’, and had cited among other cases, Matter of Nori v. City of Yonkers ( 274 App. Div. 545 , affd. 300 N. Y. 632 , supra).

21963–1971
McCarthy v. Troberg neutral
ny · 1950
2 sentences

1971(Matter of Borowski v. Town of Clarence, supra.) ” In the Borowski case, the court had held that a 19-year-old infant had failed to show a “ cognizable relation between the fact of infancy and the failure to file a claim within the statutory time limitation ’ ’, and had cited among other cases, Matter of Nori v. City of Yonkers ( 274 App. Div. 545 , affd. 300 N. Y. 632 , supra).

1971(Matter of Borowski v. Town of Clarence, supra.) ” In the Borowski case, the court had held that a 19-year-old infant had failed to show a “ cognizable relation between the fact of infancy and the failure to file a claim within the statutory time limitation ’ ’, and had cited among other cases, Matter of Nori v. City of Yonkers ( 274 App. Div. 545 , affd. 300 N. Y. 632 , supra).

21963–1971
Schroeder v. State neutral
ny · 1938
2 sentences

1947(Court of Claims Act, § 10, subd. 5; Schroeder v. State of New York, 252 App. Div. 16 , affd., 276 N. Y. 627 .) It is apparent that employees of the State had actual knowledge of the flood conditions.

1943The application for such permission must be made upon motion based upon affidavits showing a reasonable excuse for the failure to file within the proper time, actual knowledge upon the part of the State or its appropriate department of the essential facts" constituting the claim, a finding by the court of the absence of substantial prejudice to the State, and the submission of a claim containing the information set forth in section 11 of the Court of Claims Act. (§ 10, subd. 5; Schroeder v. State of New York, 252 App. Div. 16 , affd. 276 N. Y. 627 .) It is apparent from the motion papers that

21943–1947
Schroeder v. State green
nyappdiv · 1937
2 sentences

1947(Court of Claims Act, § 10, subd. 5; Schroeder v. State of New York, 252 App. Div. 16 , affd., 276 N. Y. 627 .) It is apparent that employees of the State had actual knowledge of the flood conditions.

1943The application for such permission must be made upon motion based upon affidavits showing a reasonable excuse for the failure to file within the proper time, actual knowledge upon the part of the State or its appropriate department of the essential facts" constituting the claim, a finding by the court of the absence of substantial prejudice to the State, and the submission of a claim containing the information set forth in section 11 of the Court of Claims Act. (§ 10, subd. 5; Schroeder v. State of New York, 252 App. Div. 16 , affd. 276 N. Y. 627 .) It is apparent from the motion papers that

21943–1947
Ebbets v. State neutral
nyappdiv · 1978
1 sentence

2006Where, as here, a landowner executes an agreement for advance payment, and an advance payment of just compensation has been made, the failure to file a claim within three years of service of the notice of acquisition will result in the matter being deemed fully settled (see Boyajian v State of New York, 293 AD2d 560, 561 [2002]; Ebbets v State of New York, 64 AD2d 794 [1978], affd 47 NY2d 973 [1979]), notwithstanding that the service of the notice of acquisition was effected more than 90 days after the filing of the acquisition maps (see EDPL 502 [A]; cf. Matter of Ingham v Oswego County, 178

12006–2006
Ebbets v. State green
ny · 1979
1 sentence

2006Where, as here, a landowner executes an agreement for advance payment, and an advance payment of just compensation has been made, the failure to file a claim within three years of service of the notice of acquisition will result in the matter being deemed fully settled (see Boyajian v State of New York, 293 AD2d 560, 561 [2002]; Ebbets v State of New York, 64 AD2d 794 [1978], affd 47 NY2d 973 [1979]), notwithstanding that the service of the notice of acquisition was effected more than 90 days after the filing of the acquisition maps (see EDPL 502 [A]; cf. Matter of Ingham v Oswego County, 178

12006–2006
Dependable Trucking Company, Inc. v. New York State Thruway Authority green
nyappdiv · 1973
1 sentence

1999In view of the fact that a failure to file a claim or notice of claim within the 90-day period constitutes a nonwaivable jurisdictional defect depriving the court of subject matter jurisdiction (see, Scott v State of New York, supra; Pelnick v State of New York, supra; Dependable Trucking Co. v New York State Thruway Auth., 41 AD2d 985 ), the fact that the State may have “affirmatively disavowed any jurisdictional objections” is irrelevant.

11999–1999
People ex rel. Kerrigan v. Martin neutral
nyappdiv · 1943
1 sentence

1991As this language is mandatory in character, the filing of a C-7 notice controverting claimant’s right to compensation cannot take the place of an objection at the first hearing (Matter of Gentner v Rice & Whaley, 265 App Div 1020, 1021 , affd 292 NY 522 ).

11991–1991
Claim of Gentner v. Rice & Whaley neutral
ny · 1944
1 sentence

1991As this language is mandatory in character, the filing of a C-7 notice controverting claimant’s right to compensation cannot take the place of an objection at the first hearing (Matter of Gentner v Rice & Whaley, 265 App Div 1020, 1021 , affd 292 NY 522 ).

11991–1991
People v. Motley green
nyappdiv · 1986
1 sentence

1986In People v Motley ( 119 AD2d 57 ), we held that the first of the foregoing objections was waived or forfeited by a guilty plea.

11986–1986
Claim of Bellinger v. Perini Corp. green
nyappdiv · 1967
1 sentence

1978Rather, Whalen and its progeny (Matter of Bellinger v Perini Corp., 28 AD2d 1044 ) hold that time limitations (Workers’ Compensation Law, §§28, 217) may be tolled if factual patterns are preponderantly resolved as to excuse late compliance.

11978–1978
Caffaro v. Trayna green
ny · 1974
1 sentence

1977While the amendment will, of course, introduce new aspects on the issue of damages, the State does not suggest how the failure to file a claim for this cause of action within the 90-day period has resulted in any prejudice to it in its defense as to such additional elements of damage (Caffaro v Trayna, 35 NY2d 245 ).

11977–1977
Murray v. City of New York green
ny · 1972
1 sentence

1975The order of the Appellate Division should be modified, without costs, in the following memorandum: While a literal construction of section 50-e of the General Municipal Law would require a causal connection between the disability of the infancy and the failure to file a claim within the time prescribed, long precedent and the policy expressed in Matter of Murray v City of New York ( 30 N.Y.2d 113 ) mandates that this statute be read as conferring discretion on the courts vested with discretion to sustain or deny grants of permission for late filing.

11975–1975
F. S. Royster Guano Co. v. Le Fevre neutral
nyappdiv · 1925
1 sentence

1961In an early case the Industrial Commissioner held, as appears from the record on appeal, that the parties’ appearance at a hearing within the then statutory one-year period “ constitutes * * * a proper claim for compensation” but this court reversed the award and dismissed the claim “ because of the failure to file the claim for compensation within one year after the accident.” (Chefety v. Hearn & Son, 212 App. Div. 844 ; see, also, Matter of Simon v. American Express Co., 217 App. Div. 802 , affd. 244 N. Y. 560 , and record on appeal.) In the case before us, the appellant carrier was not pres

11961–1961
Reife v. Osmers green
ny · 1929
1 sentence

1947(Moore v. Taylor, 175 App. Div. 37, 39 ; Clarke v. Long Island Realty Co., 126 App. Div. 282 ; Reife v. Osmers, 252 N. Y. 320 .) Before an application for permission to file a claim where the time for filing has expired can be granted, it must appear upon affidavits that there is a reasonable excuse for the failure to file such claim or a notice .of intention to file a claim within the proper time, that the State or its appropriate department had actual knowledge of the essential facts constituting the claim prior to the expiration of the prescribed period and that the State has not been subst

11947–1947
Clarke v. Long Island Realty Co. neutral
nyappdiv · 1908
1 sentence

1947(Moore v. Taylor, 175 App. Div. 37, 39 ; Clarke v. Long Island Realty Co., 126 App. Div. 282 ; Reife v. Osmers, 252 N. Y. 320 .) Before an application for permission to file a claim where the time for filing has expired can be granted, it must appear upon affidavits that there is a reasonable excuse for the failure to file such claim or a notice .of intention to file a claim within the proper time, that the State or its appropriate department had actual knowledge of the essential facts constituting the claim prior to the expiration of the prescribed period and that the State has not been subst

11947–1947
Moore v. Taylor neutral
nyappdiv · 1916
11947–1947
Toyos v. Bruckman neutral
nyappdiv · 1943
11944–1944
Matter of Toyos v. Bruckman neutral
ny · 1943
11944–1944
Stumpf v. Hallahan green
· 1905
11941–1941
Stumpf v. . Hallahan neutral
ny · 1906
11941–1941
Apfelberg v. Lax green
ny · 1931
11941–1941
Winter v. . City of Niagara Falls green
· 1907
11939–1939
Walker v. Carroll neutral
nysupct · 1923
11936–1936
Williams v. Cleaveland green
conn · 1904
11926–1926
Termini v. Huth neutral
nyappdiv · 1920
11925–1925
Claim of Davis v. Butler neutral
nyappdiv · 1920
11925–1925
Ross v. . Caywood green
ny · 1900
11903–1903

Where else courts name it

CA 30 (1927–2023) NY 27 (1903–2013) IL 15 (1896–2022) PA 13 (1923–2022) FL 9 (1931–2022) GA 8 (1905–1972) WA 8 (1915–2007) IA 8 (1874–1996) TX 6 (1938–1975) WY 6 (1928–1998) MA 6 (1916–2000) AL 5 (1859–1959) LA 5 (1973–2007) ND 4 (1960–2001) WI 3 (1941–1969) MI 3 (1924–2019) NC 3 (1936–1948) OK 3 (2001–2013) MD 3 (1946–2008) NE 2 (1985–1989) NM 2 (1963–2013) NH 2 (2014–2016) CT 2 (2007–2010) MS 2 (2021–2022) CO 2 (2017–2022) KS 2 (1933–2019) IN 2 (1980–1995) ID 2 (1925–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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