Opinion · Nylaw New York

MATTER OF JOHNSON v. CITY OF NEW YORK, 278 App. Div. 945 (1951)

In the Matter of DAISY JOHNSON, Respondent, against CITY OF NEW YORK,Appellant., 278 A.D. 945 (Appellate Division of the Supreme Court of New York, Second Department. 1951)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1951-06-04
Topic
general

MATTER OF JOHNSON v. CITY OF NEW YORK, 278 App. Div. 945 (1951) In the Matter of DAISY JOHNSON, Respondent, against CITY OF NEW YORK,Appellant.Appellate Division of the Supreme Court of New York, Second Department. June 4, 1951. Order granting respondent's application for leave to serve a notice of claim against a municipality, the application having been made three and one-half months after the expiration of the sixty-day period prescribed by section 50-e of General Municipal Law, on the ground that the claimant was mentally or physically incapacitated and by reason thereof failed to serve such notice in time, reversed on the law and the facts, without costs, and the motion denied, without costs.

Citator

UpLaw has not yet analyzed MATTER OF JOHNSON v. CITY OF NEW YORK, 278 App. Div. 945 (1951). The absence of a flag is not a finding that it is good law.

MATTER OF JOHNSON v. CITY OF NEW YORK,278 App. Div. 945(1951)
In the Matter of DAISY JOHNSON, Respondent, against CITY OF NEW YORK,
Appellant.
Appellate Division of the Supreme Court of New York, Second Department.
June 4, 1951.
Order granting respondent's application for leave to serve a notice of claim against a municipality, the application having been made three and one-half months after the expiration of the sixty-day period prescribed by section 50-e of General Municipal Law, on the ground that the claimant wasPage 946mentally or physically incapacitated and by reason thereof failed to serve such notice in time, reversed on the law and the facts, without costs, and the motion denied, without costs. There is no showing that claimant's age or her injuries mentally or physically incapacitated her so as to prevent her from serving a notice of claim sworn to by her or by someone on her behalf. (Matter of Sullivanv.Town of Babylon,277 App. Div. 791, affd.302 N.Y. 609;Matter of Donovanv.Board of Educ. ofPeekskill Union Free School Dist.,277 App. Div. 904, affd.301 N.Y. 739.) Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.