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Matter of Lustig v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1951
278 App. Div. 716 (N.Y. App. Div. 1951)

Summary

In Matter of Lustig v. City of New York (278 App.Div. 716) leave for late filing was denied to a twelve-year-old boy, in whose behalf an application was made one day before the expiration of one year after the accident, on the authority of the Nori case (supra).

Summary of this case from Biancoviso v. City of New York

Opinion

March 26, 1951.


Appeal from an order denying the motion by an infant claimant for leave to file a late notice of claim, under section 50-e Gen. Mun. of the General Municipal Law. The infant was twelve years of age at the time of the happening of the accident upon which the claim is based. The application was made one day before the expiration of the year within which the application might have been made, and was denied on the authority of Matter of Nori v. City of Yonkers ( 300 N.Y. 632), on the ground that the failure to serve the notice in time was not by reason of the claimant's infancy. There was no other claim of disability. Order affirmed, without costs. No opinion. Nolan, P.J., Carswell, Johnston, Adel and MacCrate, JJ., concur.


Summaries of

Matter of Lustig v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1951
278 App. Div. 716 (N.Y. App. Div. 1951)

In Matter of Lustig v. City of New York (278 App.Div. 716) leave for late filing was denied to a twelve-year-old boy, in whose behalf an application was made one day before the expiration of one year after the accident, on the authority of the Nori case (supra).

Summary of this case from Biancoviso v. City of New York
Case details for

Matter of Lustig v. City of New York

Case Details

Full title:In the Matter of IRIS LUSTIG, an Infant, Appellant, against CITY OF NEW…

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

Date published: Mar 26, 1951

Citations

278 App. Div. 716 (N.Y. App. Div. 1951)

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Matter of Friend v. County of Onondaga

274 App. Div. at page 547, 85 N.Y.S.2d 133. "The Court is aware of the holding in Matter of Lustig v. City of…

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The failure to serve a notice in time was not by reason of the claimant's infancy and no other disability…