Appellate Division of the Supreme Court of New York, 1961

Benjamin v. New York City Housing Authority

Benjamin v. New York City Housing Authority
Appellate Division of the Supreme Court of New York · Decided May 25, 1961
13 A.D.2d 764; 215 N.Y.S.2d 289; 1961 N.Y. App. Div. LEXIS 10616
Benjamin v. New York City Housing Authority

Opinion of the Court

Order entered on April 18, 1960, granting motion for leave to serve notice of claim upon New York City Housing Authority, on behalf of infant pursuant to provisions of section 50-e of the General Municipal Law, unanimously reversed, on the law, on the facts, and in the exercise of discretion, without costs; and the proceedings remanded to Special Term for the taking of additional affidavits or other proofs as to the details and circumstances in connection with the alleged delay in the filing of the notice of claim and for the redetermination of the matter upon such additional affidavits and proofs. It is unclear on the record here as to whether or not the disability of infancy was responsible for the delay. (See Matter of Brown v. New York City Housing Auth., 12 A D 2d 590.) See, also, stipulation of attorneys herein dated May 2, 1961 and filed May 5,1961. Concur — Botein, P. J., Breitel, Stevens, Eager and Bergan, JJ.

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