Fullam v. Westchester County Playland Commission

273 A.D. 1011, 78 N.Y.S.2d 837, 1948 N.Y. App. Div. LEXIS 5775

Opinion

In action to recover damages for personal injuries sustained by respondent in an amusement device operated by appellant, order granting respondent’s motion for leave to file a notice of claim after the expiration of sixty days from the time of the alleged injury (General Municipal Law, § 50-e) reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. Filing of a notice of claim was mandatory (Westchester County Playland Commission Act, § 10, as amd. by L. 1941, ch. 777, § 2) and it was not within the court’s discretion to extend the period for service in the absence of a showing of incapacity, mental or physical, or of infancy. (General Municipal Law, § 50-e, subd. 5; Matter of Franco v. City of New York, 270 App. Div. 1050.) Lewis, P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur.