Claim of Robinson v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Claim of Robinson v. New York City Housing Authority

31 A.D.2d 908, 298 N.Y.S.2d 295, 1969 N.Y. App. Div. LEXIS 4383

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

DecidedMarch 18, 1969

StatusPublished

This text of 31 A.D.2d 908 (Claim of Robinson 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

Claim of Robinson v. New York City Housing Authority, 31 A.D.2d 908, 298 N.Y.S.2d 295, 1969 N.Y. App. Div. LEXIS 4383 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order entered January 30, 1968, granting a motion for leave to serve a late notice of claim on behalf of the infant Byron Robinson, pursuant to provisions of section 50-e of the General Municipal Law, unanimously reversed on the law, the facts and in the exercise of discretion, without coste and without disbursements, and the proceeding remanded to Special Term for the taking of additional affidavits or other proof [909]*909detailing the facts and circumstances in connection with the delay in filing the notice of claim. On this record the attorney alleges he was not “ completely retained ” (whatever that means) until a specified day, while the father of the infant hazards a guess that he neglected the interests of the 'infant. It is not established that infancy was the disability responsible for the delay. It should be revealed when claimant learned of the obligation to file a notice of claim, when counsel was consulted and retained, and other facts relevant to explain or justify the delay (Matter of Brown v. New York City Housing Auth., 12 A D 2d 590; cf. Huff v. State of New York, 27 A D 2d 892). Concur — Stevens, P. J., Capozzoli, MeG-ivem, Markewieh and Nunez, JJ.

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Order entered January 30, 1968, granting a motion for leave to serve a late notice of claim on behalf of the infant Byron Robinson, pursuant to provisions of section 50-e of the General Municipal Law, unanimously reversed on the law, the facts and in the exercise of discretion, without coste and without disbursements, and the proceeding remanded to Special Term for the taking of additional affidavits or other proof [909]*909detailing the facts and circumstances in connection with the delay in filing the notice of claim. On this record the attorney alleges he was not “ completely retained ” (whatever that means) until a specified day, while the father of the infant hazards a guess that he neglected the interests of the 'infant. It is not established that infancy was the disability responsible for the delay. It should be revealed when claimant learned of the obligation to file a notice of claim, when counsel was consulted and retained, and other facts relevant to explain or justify the delay (Matter of Brown v. New York City Housing Auth., 12 A D 2d 590; cf. Huff v. State of New York, 27 A D 2d 892). Concur — Stevens, P. J., Capozzoli, MeG-ivem, Markewieh and Nunez, JJ.

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Bluebook (online)

31 A.D.2d 908, 298 N.Y.S.2d 295, 1969 N.Y. App. Div. LEXIS 4383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-robinson-v-new-york-city-housing-authority-nyappdiv-1969.