Appellate Division of the Supreme Court of New York, 1969

Public Administrator v. City of New York

Public Administrator v. City of New York
Appellate Division of the Supreme Court of New York · Decided May 15, 1969
32 A.D.2d 627; 300 N.Y.S.2d 19; 1969 N.Y. App. Div. LEXIS 3982
Public Administrator v. City of New York

Opinion of the Court

Order entered July 14, 1967, unanimously reversed on the law, without costs or disbursements, and the motion to enlarge petitioner-respondent’s time within which to file notice of claim against respondent-appellant City of New York denied. Special Term was without authority to grant the application under pertinent statutory provisions (General Municipal Law, § 50-e) nor, indeed, was any substantial reason advanced to excuse delay in filing. The claim for. pain and suffering avails not as a device for extending the time within which to file, arising as it did simultaneously with the claim for wrongful death (Joseph v. McVeigh, 285 App. *628Div. 386, affd. 309 N. Y. 877). Concur — Capozzoli, J. P., McGivem, Markewieh, McNally and Steuer, JJ.

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