Claim of Sullivan v. City of Watervliet

Appellate Division of the Supreme Court of New York

Claim of Sullivan v. City of Watervliet

282 A.D. 1097, 126 N.Y.S.2d 438, 1953 N.Y. App. Div. LEXIS 5906

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

DecidedDecember 22, 1953

StatusPublished

Cited by4 cases

This text of 282 A.D. 1097 (Claim of Sullivan v. City of Watervliet) 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 Sullivan v. City of Watervliet, 282 A.D. 1097, 126 N.Y.S.2d 438, 1953 N.Y. App. Div. LEXIS 5906 (N.Y. Ct. App. 1953).

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Opinion

-Appeal from an order of the Supreme Court at Special Term, granting leave to petitioner-respondent to serve a notice .of claim upon the City of Watervliet for damages occasioned by personal injuries allegedly sustained because of the negligence of the city, after the expiration of the ninety-day period. This is a discretionary order permitted by subdivision 5 of section 50-e of the General Municipal Law where a timely filing is prevented by the mental or physical incapacity of the claimant. The moving papers, including the affidavits of ‘two physicians, disclose that claimant was both physically and mentally incapacitated during the ninety-day period. There was no abuse of discretion in granting the order. Order unanimously affirmed, with $10 costs. Present- — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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-Appeal from an order of the Supreme Court at Special Term, granting leave to petitioner-respondent to serve a notice .of claim upon the City of Watervliet for damages occasioned by personal injuries allegedly sustained because of the negligence of the city, after the expiration of the ninety-day period. This is a discretionary order permitted by subdivision 5 of section 50-e of the General Municipal Law where a timely filing is prevented by the mental or physical incapacity of the claimant. The moving papers, including the affidavits of ‘two physicians, disclose that claimant was both physically and mentally incapacitated during the ninety-day period. There was no abuse of discretion in granting the order. Order unanimously affirmed, with $10 costs. Present- — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

282 A.D. 1097, 126 N.Y.S.2d 438, 1953 N.Y. App. Div. LEXIS 5906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-sullivan-v-city-of-watervliet-nyappdiv-1953.

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