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Matter of Jackson v. New York City Hous. Auth

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1962
15 A.D.2d 957 (N.Y. App. Div. 1962)

Opinion

March 26, 1962


In a proceeding under the statute (General Municipal Law, § 50-e) by an infant and his mother to direct that service of their notice of claim be deemed proper and sufficient service nunc pro tunc as of January 11, 1961, the New York City Housing Authority appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County, dated December 4, 1961, as granted the application insofar as it was made on behalf of the infant petitioner. Order, insofar as appealed from, reversed, without costs, and application of the infant petitioner denied. Since the application was not made until more than a year had elapsed after the happening of the accident, the Special Term had no power to grant the application in any respect (General Municipal Law, § 50-e, subd. 5; Matter of Brown v. Board of Trustees, Hamptonburg School Dist., 303 N.Y. 484; Matter of Martin v. School Bd. [ Long Beach], 301 N.Y. 233). Beldock, P.J., Ughetta, Christ, Hill and Hopkins, JJ., concur.


Summaries of

Matter of Jackson v. New York City Hous. Auth

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1962
15 A.D.2d 957 (N.Y. App. Div. 1962)
Case details for

Matter of Jackson v. New York City Hous. Auth

Case Details

Full title:In the Matter of CLARENCE J. JACKSON, an Infant by MYRDAS R. JACKSON, His…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 26, 1962

Citations

15 A.D.2d 957 (N.Y. App. Div. 1962)

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