Elof Pierson v. City of New York, Appellant Ella Moore v. City of New York, Respondent Michael Tarquinio v. City of…

Summary

Judge Meyer dissents from the Court of Appeals majority, arguing that the majority misread the legislative history of the 1976 amendment to General Municipal Law §50‑e and improperly limits the timing of applications for extensions of the notice‑of‑claim period. He contends that the statute permits applications after the limitations period has expired and that the courts should exercise discretion based on prejudice and other factors. Accordingly, he would reverse the decisions in Moore and Tarquinio and affirm the decision in Pierson.