Claim of Brown v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Claim of Brown v. New York City Housing Authority

12 A.D.2d 590, 208 N.Y.S.2d 563, 1960 N.Y. App. Div. LEXIS 6639

Appellate Division of the Supreme Court of the State of New York·Decided December 6, 1960·Published·Cited by 1 cases

Opinion

Order entered on May 10, 1960, granting motion for leave to file notice of claim 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, with $20 costs and disbursements to the appellant and the proceedings remanded to Special Term for the taking of additional affidavits or other proof by the infant claimant particularizing the details and circumstances in connection with the alleged delay and the eventual retention of an attorney to prosecute the claim. On this record it has not been established that the disability of infancy was responsible for the delay. Thus, the claimant should reveal when he first learned of the obligation to file a notice of claim, when he first consulted with an attorney, and when he first consulted with his present attorney. Depending upon the facts thus revealed there may be additional matters that claimant should explain in order to justify or excuse the delay in filing his notice of claim. Concur — Botein, P. J., Breitel, Stevens, Eager and Noonan, JJ.

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Order entered on May 10, 1960, granting motion for leave to file notice of claim 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, with $20 costs and disbursements to the appellant and the proceedings remanded to Special Term for the taking of additional affidavits or other proof by the infant claimant particularizing the details and circumstances in connection with the alleged delay and the eventual retention of an attorney to prosecute the claim. On this record it has not been established that the disability of infancy was responsible for the delay. Thus, the claimant should reveal when he first learned of the obligation to file a notice of claim, when he first consulted with an attorney, and when he first consulted with his present attorney. Depending upon the facts thus revealed there may be additional matters that claimant should explain in order to justify or excuse the delay in filing his notice of claim. Concur — Botein, P. J., Breitel, Stevens, Eager and Noonan, JJ.

Claim of Brown v. New York City Housing Authority, 12 A.D.2d 590, 208 N.Y.S.2d 563, 1960 N.Y. App. Div. LEXIS 6639 (N.Y. Ct. App. 1960).

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Opinion

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