21 A.D.2d 767, Burns v. City of New York
|Citation:||21 A.D.2d 767, 250 N.Y.S.2d 680|
|Party Name:||Burns v. City of New York|
|Case Date:||June 16, 1964|
|Court:||New York Supreme Court Appelate Division, First Department|
H. E. Ratner, New York City, for petitioner-respondent.
J. N. Friedman, New York City, for appellant.
Before BOTEIN, P. J., and McNALLY, EAGER, STEUER and STALEY, JJ.
Order, entered on May 29, 1963, granting leave to serve a late notice of claim unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion denied. It appears that petitioner, asserting a claim against the City, moved, pursuant to General Municipal Law, § 50-e(5) to serve his notice of claim after the expiration of the 90-day period. At the time the application was made petitioner was serving a sentence at Sing Sing Prison pursuant to a conviction for a felony. At that time by...
To continue readingFREE SIGN UP