Agress v. City of New York

Appellate Division of the Supreme Court of New York

Agress v. City of New York

13 A.D.2d 651, 214 N.Y.S.2d 24, 1961 N.Y. App. Div. LEXIS 11273

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

DecidedApril 25, 1961

StatusPublished

Cited by2 cases

This text of 13 A.D.2d 651 (Agress v. City of New York) 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

Agress v. City of New York, 13 A.D.2d 651, 214 N.Y.S.2d 24, 1961 N.Y. App. Div. LEXIS 11273 (N.Y. Ct. App. 1961).

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Opinion

Order entered on November 23, 1960, granting petitioner’s motion for leave to file a new [652]*652notice of claim to the extent of permitting- an amendment of the original notice of claim, unanimously reversed on the law and on the facts and the motion denied, without costs. An application to extend the time within which to file a notice of claim must be made within one year after the occurrence (General Municipal Law, § 50-e, subd. 5). The relief granted by Special Term amending the original notice of claim so as to include the City of New York was, in effect, a grant of leave to file an original notice upon the city after the time provided for by statute. The amendment having such effect, its grant was beyond the power of Special Term, the applicable one-year period having expired (Matter of Martin v. School Bd., 301 N. Y. 233). Concur —Botein, P. J., Rabin, McNally and Stevens, JJ.

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Order entered on November 23, 1960, granting petitioner’s motion for leave to file a new [652]*652notice of claim to the extent of permitting- an amendment of the original notice of claim, unanimously reversed on the law and on the facts and the motion denied, without costs. An application to extend the time within which to file a notice of claim must be made within one year after the occurrence (General Municipal Law, § 50-e, subd. 5). The relief granted by Special Term amending the original notice of claim so as to include the City of New York was, in effect, a grant of leave to file an original notice upon the city after the time provided for by statute. The amendment having such effect, its grant was beyond the power of Special Term, the applicable one-year period having expired (Matter of Martin v. School Bd., 301 N. Y. 233). Concur —Botein, P. J., Rabin, McNally and Stevens, JJ.

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Bluebook (online)

13 A.D.2d 651, 214 N.Y.S.2d 24, 1961 N.Y. App. Div. LEXIS 11273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agress-v-city-of-new-york-nyappdiv-1961.

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