In re the Accounting of Kings County Trust Co.

Appellate Division of the Supreme Court of New York

In re the Accounting of Kings County Trust Co.

5 A.D.2d 833, 170 N.Y.S.2d 1001, 1958 N.Y. App. Div. LEXIS 7064

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

DecidedFebruary 3, 1958

StatusPublished

This text of 5 A.D.2d 833 (In re the Accounting of Kings County Trust Co.) 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

In re the Accounting of Kings County Trust Co., 5 A.D.2d 833, 170 N.Y.S.2d 1001, 1958 N.Y. App. Div. LEXIS 7064 (N.Y. Ct. App. 1958).

Pincite

Opinion

Appeal from an order granting respondent’s application for leave to serve an amended notice of claim after the expiration [834]*834of tlie period of time provided by law (Public Authorities Law, § 1212; General Municipal Law, § 50-e). Order reversed on the law and the facts, with $10 costs and disbursements, and application denied. The original notice of claim, although prepared and verified by respondent prior to the expiration of the 90-day period, was not served until after the expiration of that period. The facts establish that the failure to serve the notice in time was not due to the incapacity of the respondent.

Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur.

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Appeal from an order granting respondent’s application for leave to serve an amended notice of claim after the expiration [834]*834of tlie period of time provided by law (Public Authorities Law, § 1212; General Municipal Law, § 50-e). Order reversed on the law and the facts, with $10 costs and disbursements, and application denied. The original notice of claim, although prepared and verified by respondent prior to the expiration of the 90-day period, was not served until after the expiration of that period. The facts establish that the failure to serve the notice in time was not due to the incapacity of the respondent.

Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

5 A.D.2d 833, 170 N.Y.S.2d 1001, 1958 N.Y. App. Div. LEXIS 7064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-kings-county-trust-co-nyappdiv-1958.