Bocina v. City of New York

Appellate Division of the Supreme Court of New York

Bocina v. City of New York

45 A.D.2d 1006, 358 N.Y.S.2d 671, 1974 N.Y. App. Div. LEXIS 4246

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

DecidedJuly 29, 1974

StatusPublished

This text of 45 A.D.2d 1006 (Bocina 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

Bocina v. City of New York, 45 A.D.2d 1006, 358 N.Y.S.2d 671, 1974 N.Y. App. Div. LEXIS 4246 (N.Y. Ct. App. 1974).

Pincite

Opinion

In a proceeding pursuant to section 50-e of the General Municipal Law for leave to file a late notice of claim, the appeals are from an order of the Supreme Court, Kings County, dated May 17, 1973, denying the application, and an order of said court dated October .3, 1973, which adhered to the prior order upon reargument. Appeal from order dated May 17, 1973 dismissed, without costs, as academic. Order dated October 3, 1973 modified, on the law and in the exercise of discretion, by granting Vincent- Bocina permission to file a late notice of claim. As so modified, order affirmed, without costs. In view of plaintiff Vincent Bocina’s injuries, the large number of drugs given to him, the physical and emotional shock he experienced, there appears to be no question of his disability and incapacity to timely file his notice of claim. Latham, Acting P. J., Christ and Munder, JJ., concur; Cohalan and Brennan, JJ., dissent and vote to affirm.

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In a proceeding pursuant to section 50-e of the General Municipal Law for leave to file a late notice of claim, the appeals are from an order of the Supreme Court, Kings County, dated May 17, 1973, denying the application, and an order of said court dated October .3, 1973, which adhered to the prior order upon reargument. Appeal from order dated May 17, 1973 dismissed, without costs, as academic. Order dated October 3, 1973 modified, on the law and in the exercise of discretion, by granting Vincent- Bocina permission to file a late notice of claim. As so modified, order affirmed, without costs. In view of plaintiff Vincent Bocina’s injuries, the large number of drugs given to him, the physical and emotional shock he experienced, there appears to be no question of his disability and incapacity to timely file his notice of claim. Latham, Acting P. J., Christ and Munder, JJ., concur; Cohalan and Brennan, JJ., dissent and vote to affirm.

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Bluebook (online)

45 A.D.2d 1006, 358 N.Y.S.2d 671, 1974 N.Y. App. Div. LEXIS 4246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bocina-v-city-of-new-york-nyappdiv-1974.