Abiuso v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Abiuso v. New York City Transit Authority

4 A.D.2d 876, 167 N.Y.S.2d 435, 1957 N.Y. App. Div. LEXIS 4360

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 14, 1957

StatusPublished

This text of 4 A.D.2d 876 (Abiuso v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abiuso v. New York City Transit Authority, 4 A.D.2d 876, 167 N.Y.S.2d 435, 1957 N.Y. App. Div. LEXIS 4360 (N.Y. Ct. App. 1957).

Pincite

Opinion

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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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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Bluebook (online)

4 A.D.2d 876, 167 N.Y.S.2d 435, 1957 N.Y. App. Div. LEXIS 4360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abiuso-v-new-york-city-transit-authority-nyappdiv-1957.