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
 
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Page 767

21 A.D.2d 767

250 N.Y.S.2d 680

Application of Joseph BURNS, Petitioner-Respondent, for leave to serve a Notice of Claim nunc pro tunc

v.

The CITY OF NEW YORK, Appellant.

Supreme Court of New York, First Department

June 16, 1964.

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.

PER CURIAM.

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...

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