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Ostrander v. City of Syracuse

309 N.E.2d 132, 33 N.Y.2d 960, 353 N.Y.S.2d 732, 1974 N.Y. LEXIS 1751
CourtNew York Court of Appeals
DecidedFebruary 13, 1974
StatusPublished
Cited by3 cases

This text of 309 N.E.2d 132 (Ostrander v. City of Syracuse) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ostrander v. City of Syracuse, 309 N.E.2d 132, 33 N.Y.2d 960, 353 N.Y.S.2d 732, 1974 N.Y. LEXIS 1751 (N.Y. 1974).

Opinion

Memorandum.

The order of the Appellate Division should be affirmed, without costs. The broad discretion of Special Term and the like discretion of the Appellate Division in review of the granting of leave to serve a late notice of claim, was recently restated by this court (see Matter of Murray v. City of New York, 30 N Y 2d 113, 119). The incapacities of the claimant, not those of his lawyer, are the relevant considerations under ^ subdivision 5 of section 50-e of the General Municipal Law. And there was certainly insufficient in the record to compel a finding • that the failure to serve timely notice of claim was attributable to claimant’s own injuries.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur in memorandum.

Order affirmed.

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Related

Hutchins v. Village of Tupper Lake Housing Authority
72 A.D.2d 875 (Appellate Division of the Supreme Court of New York, 1979)
Sherman v. Metropolitan Transit Authority
329 N.E.2d 673 (New York Court of Appeals, 1975)

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Bluebook (online)
309 N.E.2d 132, 33 N.Y.2d 960, 353 N.Y.S.2d 732, 1974 N.Y. LEXIS 1751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ostrander-v-city-of-syracuse-ny-1974.