Benjamin v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Benjamin v. New York City Housing Authority

13 A.D.2d 764, 215 N.Y.S.2d 289, 1961 N.Y. App. Div. LEXIS 10616

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

DecidedMay 25, 1961

StatusPublished

This text of 13 A.D.2d 764 (Benjamin v. New York City Housing 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

Benjamin v. New York City Housing Authority, 13 A.D.2d 764, 215 N.Y.S.2d 289, 1961 N.Y. App. Div. LEXIS 10616 (N.Y. Ct. App. 1961).

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Opinion

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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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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Bluebook (online)

13 A.D.2d 764, 215 N.Y.S.2d 289, 1961 N.Y. App. Div. LEXIS 10616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-v-new-york-city-housing-authority-nyappdiv-1961.