Appellate Division of the Supreme Court of New York, 1957

Abiuso v. New York City Transit Authority

Abiuso v. New York City Transit Authority
Appellate Division of the Supreme Court of New York · Decided October 14, 1957
4 A.D.2d 876; 167 N.Y.S.2d 435; 1957 N.Y. App. Div. LEXIS 4360
Abiuso v. New York City Transit Authority

Opinion of the Court

Appeal from an order granting an application for leave to serve a notice of claim, pursuant to section 50-e of the General Municipal Law. Order reversed, without costs, and motion denied, without costs. Respondent was little short of 20 years of age at the time of the accident. She first consulted a physician 25 days, and a lawyer about 120 days, after the accident. The papers on this application were served more than 60 days after the expiration of the 90-day statutory period. No showing was made that the failure to serve a notice of claim within the 90-day period was due to any of the disabilities set forth in the statute. Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ., concur.

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