Montanez v. City of New York

Appellate Division of the Supreme Court of New York

Montanez v. City of New York

156 A.D.2d 185, 548 N.Y.S.2d 441, 1989 N.Y. App. Div. LEXIS 15444

Appellate Division of the Supreme Court of the State of New York·Decided December 12, 1989·Published·Cited by 4 cases

Opinion

Order, Supreme Court, New York County (Eugene Nardelli, J.), entered on or about March 6, 1989, which denied petitioner’s application pursuant to General Municipal Law § 50-e for the filing of a late notice of claim, unanimously affirmed, without costs.

The court properly found that counsel’s failure was not a satisfactory excuse "for the filing of a notice of claim more than nine months after the alleged incident”. (See, Zarrello v City of New York, 93 AD2d 886 [2d Dept], affd 61 NY2d 628 [1983].)

We also agree that petitioner’s broken leg was not an incapacitation preventing the filing of a claim.

Further, we find that none of the other factors contained in section 50-e of the General Municipal Law which justify an extension of time is present in the instant case. Concur— Murphy, P. J., Ross, Ellerin, Smith and Rubin, JJ.

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Order, Supreme Court, New York County (Eugene Nardelli, J.), entered on or about March 6, 1989, which denied petitioner’s application pursuant to General Municipal Law § 50-e for the filing of a late notice of claim, unanimously affirmed, without costs.

The court properly found that counsel’s failure was not a satisfactory excuse "for the filing of a notice of claim more than nine months after the alleged incident”. (See, Zarrello v City of New York, 93 AD2d 886 [2d Dept], affd 61 NY2d 628 [1983].)

We also agree that petitioner’s broken leg was not an incapacitation preventing the filing of a claim.

Further, we find that none of the other factors contained in section 50-e of the General Municipal Law which justify an extension of time is present in the instant case. Concur— Murphy, P. J., Ross, Ellerin, Smith and Rubin, JJ.

Montanez v. City of New York, 156 A.D.2d 185, 548 N.Y.S.2d 441, 1989 N.Y. App. Div. LEXIS 15444 (N.Y. Ct. App. 1989).

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156 A.D.2d 185 (Montanez v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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