Sobelman v. City of New York

Appellate Division of the Supreme Court of New York

Sobelman v. City of New York

33 A.D.2d 671, 305 N.Y.S.2d 33, 1969 N.Y. App. Div. LEXIS 2833

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

DecidedNovember 18, 1969

StatusPublished

This text of 33 A.D.2d 671 (Sobelman v. City of New York) 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

Sobelman v. City of New York, 33 A.D.2d 671, 305 N.Y.S.2d 33, 1969 N.Y. App. Div. LEXIS 2833 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order filed October 10, 1968, granting plaintiffs permission to file late notice of claim against the city pursuant to section 50-e of the General Municipal Law, unanimously reversed on the law and facts, with $30 costs and disbursements to the appellant, and the motion denied. Plaintiffs have failed to establish the failure to file timely notices was due to physical incapacity. (Matter of Smith v. New York City Tr. Auth., 18 A D 2d 10; Matter of Jones v. City of New York, 30 A D 2d 938.) No excuse is offered for tjie failure of the plaintiff husband to file a notice within the prescribed period. Concur — Capozzoli, J. P., McGivern, McNally and Steuer, JJ.

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Order filed October 10, 1968, granting plaintiffs permission to file late notice of claim against the city pursuant to section 50-e of the General Municipal Law, unanimously reversed on the law and facts, with $30 costs and disbursements to the appellant, and the motion denied. Plaintiffs have failed to establish the failure to file timely notices was due to physical incapacity. (Matter of Smith v. New York City Tr. Auth., 18 A D 2d 10; Matter of Jones v. City of New York, 30 A D 2d 938.) No excuse is offered for tjie failure of the plaintiff husband to file a notice within the prescribed period. Concur — Capozzoli, J. P., McGivern, McNally and Steuer, JJ.

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Bluebook (online)

33 A.D.2d 671, 305 N.Y.S.2d 33, 1969 N.Y. App. Div. LEXIS 2833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sobelman-v-city-of-new-york-nyappdiv-1969.