Rosante v. Copenhaver

Appellate Division of the Supreme Court of New York

Rosante v. Copenhaver

15 A.D.2d 825, 225 N.Y.S.2d 664, 1962 N.Y. App. Div. LEXIS 11280

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

DecidedFebruary 26, 1962

StatusPublished

This text of 15 A.D.2d 825 (Rosante v. Copenhaver) 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

Rosante v. Copenhaver, 15 A.D.2d 825, 225 N.Y.S.2d 664, 1962 N.Y. App. Div. LEXIS 11280 (N.Y. Ct. App. 1962).

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Opinion

In our opinion, the application, made on September 11, 1959, was within 120 days of the accrual of the cause of action on May 14, 1959 (General Construction Law, § 20); hence, the application was timely. Nevertheless, the application was properly denied. The record fails to disclose that the petitioner or applicant “ is an infant or is mentally or physically incapacitated or is deceased, and by reason of such disability or death ** ¥ * [was] prevented from filing the affidavit [as provided in the statute],” (Insurance Law, § 608, subd. [e]). Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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In our opinion, the application, made on September 11, 1959, was within 120 days of the accrual of the cause of action on May 14, 1959 (General Construction Law, § 20); hence, the application was timely. Nevertheless, the application was properly denied. The record fails to disclose that the petitioner or applicant “ is an infant or is mentally or physically incapacitated or is deceased, and by reason of such disability or death ** ¥ * [was] prevented from filing the affidavit [as provided in the statute],” (Insurance Law, § 608, subd. [e]). Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

15 A.D.2d 825, 225 N.Y.S.2d 664, 1962 N.Y. App. Div. LEXIS 11280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosante-v-copenhaver-nyappdiv-1962.