Haas v. Incorporated Village of Cedarhurst

Appellate Division of the Supreme Court of New York

Haas v. Incorporated Village of Cedarhurst

272 A.D.2d 1031

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

DecidedOctober 27, 1947

StatusPublished

This text of 272 A.D.2d 1031 (Haas v. Incorporated Village of Cedarhurst) 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

Haas v. Incorporated Village of Cedarhurst, 272 A.D.2d 1031 (N.Y. Ct. App. 1947).

Pincite

Opinion

Respondent was injured as the result of a fall on the village sidewalk in front of the home of her daughter. It is claimed that because of the appellant’s negligence the flagstones were at different levels. She did not serve a notice within sixty days after the claim arose, as required by section 50-e of the General Municipal Law (L. 1945, ch. 694, § 1). She was in the hospital for about twenty-five days following the accident. The notice was tendered by mail nearly four months after the accident, and was rejected by the municipality. Thereafter an application was made for permission to serve the notice, and the application was granted. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. There is no showing that respondent was so incapacitated within the sixty-day period following the accident that she was unable to serve a notice of claim sworn to by her or someone on her behalf. Lewis, P. J., Hagarty and Adel, JJ., concur; Carswell and Johnston, JJ., dissent and vote to affirm.

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Respondent was injured as the result of a fall on the village sidewalk in front of the home of her daughter. It is claimed that because of the appellant’s negligence the flagstones were at different levels. She did not serve a notice within sixty days after the claim arose, as required by section 50-e of the General Municipal Law (L. 1945, ch. 694, § 1). She was in the hospital for about twenty-five days following the accident. The notice was tendered by mail nearly four months after the accident, and was rejected by the municipality. Thereafter an application was made for permission to serve the notice, and the application was granted. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs. There is no showing that respondent was so incapacitated within the sixty-day period following the accident that she was unable to serve a notice of claim sworn to by her or someone on her behalf. Lewis, P. J., Hagarty and Adel, JJ., concur; Carswell and Johnston, JJ., dissent and vote to affirm.

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Bluebook (online)

272 A.D.2d 1031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haas-v-incorporated-village-of-cedarhurst-nyappdiv-1947.