Cilento v. City of New York

Appellate Division of the Supreme Court of New York

Cilento v. City of New York

284 A.D. 891, 134 N.Y.S.2d 241, 1954 N.Y. App. Div. LEXIS 3969

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

DecidedOctober 4, 1954

StatusPublished

Cited by1 cases

This text of 284 A.D. 891 (Cilento 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

Cilento v. City of New York, 284 A.D. 891, 134 N.Y.S.2d 241, 1954 N.Y. App. Div. LEXIS 3969 (N.Y. Ct. App. 1954).

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Opinion

The City of New York appeals from an order granting an application to serve a notice of claim upon it after the expiration of the ninety-day period specified in section 50-e of the General Municipal Law. Order reversed on the law and the facts, without costs, and application denied, without costs. The failure to make timely service was not shown to have been by reason of mental or physical incapacity or infancy. The record does not furnish a basis for the exercise of judicial discretion in favor of the claimant. (Matter of Halloran v. Board of Educ. of City of N. Y., 271 App. Div. 830; Matter of Coyle v. New York City Tr. Auth., 283 App. Div. 1083.) Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Murphy, JJ., concur.

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The City of New York appeals from an order granting an application to serve a notice of claim upon it after the expiration of the ninety-day period specified in section 50-e of the General Municipal Law. Order reversed on the law and the facts, without costs, and application denied, without costs. The failure to make timely service was not shown to have been by reason of mental or physical incapacity or infancy. The record does not furnish a basis for the exercise of judicial discretion in favor of the claimant. (Matter of Halloran v. Board of Educ. of City of N. Y., 271 App. Div. 830; Matter of Coyle v. New York City Tr. Auth., 283 App. Div. 1083.) Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Murphy, JJ., concur.

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Bluebook (online)

284 A.D. 891, 134 N.Y.S.2d 241, 1954 N.Y. App. Div. LEXIS 3969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cilento-v-city-of-new-york-nyappdiv-1954.

Opinion

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