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1 Jul 2022, 9:03 pm by Public Employment Law Press
Although the petitioner failed to offer a reasonable excuse for his failure to timely serve the notice of claim, "the absence of a reasonable excuse is not fatal to the petition where there was actual notice and absence of prejudice" (Matter of Regan v City of New York, 131 AD3d at 1066; see Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 510; Gibbs v City of New York, 22 AD3d 717, 720; cf. [read post]
1 Jul 2022, 9:03 pm by Public Employment Law Press
Although the petitioner failed to offer a reasonable excuse for his failure to timely serve the notice of claim, "the absence of a reasonable excuse is not fatal to the petition where there was actual notice and absence of prejudice" (Matter of Regan v City of New York, 131 AD3d at 1066; see Matter of Brownstein v Incorporated Vil. of Hempstead, 52 AD3d 507, 510; Gibbs v City of New York, 22 AD3d 717, 720; cf. [read post]
8 Sep 2007, 3:45 am
  First, the Commonwealth Executive enjoys a power to acquire property unencumbered by the requirements of just terms (see Johnston Fear and Kigham & The Offset Printing Co v Commonwealth (1943) 67 CLR 314); although this seems to be limited to national emergencies and some would argue that this intervention is in response to a national emergency) or wartime (see Clunies Ross v Commonwealth (1984) 155 CLR 193 per Gibbs CJ, Mason, Wilson, Brennan, Deane… [read post]
24 Apr 2007, 8:02 pm
Tea Co. v. [read post]
11 Sep 2008, 7:36 pm
Relying extensively on Press Enterprise v. [read post]
4 Apr 2019, 4:52 am by Matthew L.M. Fletcher
United States Department of Interior (Gaming – Tribal Service Area)Gibbs v. [read post]
28 Jul 2009, 4:30 am
Gibbs Wyatt Stone were instructed in relation to a case concerning a claimant who had tripped over a defective paving stone. [read post]
4 Feb 2008, 3:52 am
Of course, when the public corporation has actual knowledge of the facts constituting the claim, it may be easier for a claimant to meet this burden (see Gibbs v City of New York, 22 AD3d 717, 719). [read post]