Issue: In New York, must a trial court extend time for notice of a claim if a party is underage or has another legal disability?
|Area of Law:||Litigation & Procedure|
|Keywords:||Notice of claim; Extend time; Disability|
|Cited Cases:||51 N.Y.2d 266; 434 N.Y.S.2d 138|
|Cited Statutes:||CPLR §208|
While §50‑e affords the Court discretion to extend the time for claimant to serve a notice of claim, it is well settled that “the mere availability of the [CPLR §208] toll does not in itself mandate that an extension be granted in every case involving an infant or an individual having another disability covered by CPLR §208 . . . the Courts remain free to deny an application for an extension in the interests of fairness to the potentially liable public corporation[.]” Cohen v. Pearl River U.F.S.D., 51 N.Y.2d 266, 434 N.Y.S.2d 138 (1980).