Simone v. County of Westchester

Appellate Division of the Supreme Court of New York

Simone v. County of Westchester

277 A.D.2d 1008

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

DecidedOctober 30, 1950

StatusPublished

This text of 277 A.D.2d 1008 (Simone v. County of Westchester) 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

Simone v. County of Westchester, 277 A.D.2d 1008 (N.Y. Ct. App. 1950).

Pincite

Opinion

Order granting respondent’s application for leave to serve a notice of claim under subdivision 5 of section 50-e of the General Municipal Law, after the expiration of the time then fixed by subdivision 1 of said section, affirmed, with $10 costs and disbursements. The record establishes [1009]*1009that respondent was mentally and physically incapacitated during the time within which the notice of claim was so required to be served and by reason of such disability failed to serve notice within that time. In our opinion, upon the facts shown in this record, there was no abuse of discretion by Special Term in finding that the application was made 'within a reasonable time after the expiration of the. time so specified. Nolan, P. J., Carswell, Sneed, Wenzel and MaeCrate, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order granting respondent’s application for leave to serve a notice of claim under subdivision 5 of section 50-e of the General Municipal Law, after the expiration of the time then fixed by subdivision 1 of said section, affirmed, with $10 costs and disbursements. The record establishes [1009]*1009that respondent was mentally and physically incapacitated during the time within which the notice of claim was so required to be served and by reason of such disability failed to serve notice within that time. In our opinion, upon the facts shown in this record, there was no abuse of discretion by Special Term in finding that the application was made 'within a reasonable time after the expiration of the. time so specified. Nolan, P. J., Carswell, Sneed, Wenzel and MaeCrate, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

277 A.D.2d 1008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simone-v-county-of-westchester-nyappdiv-1950.