McAllister v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

McAllister v. New York City Housing Authority

21 A.D.2d 660, 249 N.Y.S.2d 805, 1964 N.Y. App. Div. LEXIS 3774

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

DecidedMay 19, 1964

StatusPublished

Cited by1 cases

This text of 21 A.D.2d 660 (McAllister v. New York City Housing Authority) 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.

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McAllister v. New York City Housing Authority, 21 A.D.2d 660, 249 N.Y.S.2d 805, 1964 N.Y. App. Div. LEXIS 3774 (N.Y. Ct. App. 1964).

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Opinion

Order, entered on December 5, 1963, unanimously modified, on the law, to the extent of denying leave to the adult plaintiff, Eudell McAllister, to file a late notice of claim, and, as so modified, the order is affirmed, with $20 costs and disbursements to appellant. There is no proof, nor does the adult plaintiff claim that she was mentally or physically incapacitated from filing a notice of claim in her own behalf within the time limited by statute. Accordingly the court was without power, in the absence thereof, to grant leave (General Municipal Law, § 50-e; Biancoviso v. City of New York, 285 App. Div. 320, 325; Matter of Matrisciano v. City of New York, 281 App. Div. 1046). Concur — Breitel, J. P., Valente, Stevens, Eager and Steuer, JJ.

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Order, entered on December 5, 1963, unanimously modified, on the law, to the extent of denying leave to the adult plaintiff, Eudell McAllister, to file a late notice of claim, and, as so modified, the order is affirmed, with $20 costs and disbursements to appellant. There is no proof, nor does the adult plaintiff claim that she was mentally or physically incapacitated from filing a notice of claim in her own behalf within the time limited by statute. Accordingly the court was without power, in the absence thereof, to grant leave (General Municipal Law, § 50-e; Biancoviso v. City of New York, 285 App. Div. 320, 325; Matter of Matrisciano v. City of New York, 281 App. Div. 1046). Concur — Breitel, J. P., Valente, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

21 A.D.2d 660, 249 N.Y.S.2d 805, 1964 N.Y. App. Div. LEXIS 3774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcallister-v-new-york-city-housing-authority-nyappdiv-1964.

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