Lotrecchiano v. Town of Carmel

Appellate Division of the Supreme Court of New York

Lotrecchiano v. Town of Carmel

22 A.D.2d 697, 253 N.Y.S.2d 774, 1964 N.Y. App. Div. LEXIS 3079

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

DecidedOctober 19, 1964

StatusPublished

This text of 22 A.D.2d 697 (Lotrecchiano v. Town of Carmel) 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

Lotrecchiano v. Town of Carmel, 22 A.D.2d 697, 253 N.Y.S.2d 774, 1964 N.Y. App. Div. LEXIS 3079 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a proceeding pursuant to statute (General Municipal Law, § 50-e, subd. 5), for leave to serve a late notice of claim for damages for personal injury, the Town of Carmel appeals from an order of the Supreme Court, Putnam County, dated May 18, 1964, which granted the application. Order reversed on the law and the facts, without costs, and application denied. Findings of fact implicit in the Special Term’s decision reversed, and new findings made as indicated herein. In our opinion, claimant has not shown that his failure to serve the notice within the time prescribed by statute was due to his mental or physical incapacity. Beldock, P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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In a proceeding pursuant to statute (General Municipal Law, § 50-e, subd. 5), for leave to serve a late notice of claim for damages for personal injury, the Town of Carmel appeals from an order of the Supreme Court, Putnam County, dated May 18, 1964, which granted the application. Order reversed on the law and the facts, without costs, and application denied. Findings of fact implicit in the Special Term’s decision reversed, and new findings made as indicated herein. In our opinion, claimant has not shown that his failure to serve the notice within the time prescribed by statute was due to his mental or physical incapacity. Beldock, P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

22 A.D.2d 697, 253 N.Y.S.2d 774, 1964 N.Y. App. Div. LEXIS 3079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lotrecchiano-v-town-of-carmel-nyappdiv-1964.