From Casetext: Smarter Legal Research

Matter of Babinsky v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1952
279 App. Div. 871 (N.Y. App. Div. 1952)

Opinion

February 18, 1952.


Order granting petitioner's motion to serve a notice of claim nunc pro tunc reversed on the law, without costs, and motion denied, without costs. Petitioner sustained a fractured leg on September 30, 1950. He was discharged from the hospital with a good result on December 8, 1950. He made seven trips from his home to the out-patient department of the hospital from the date of his discharge to February 22, 1951. He did not serve his notice of motion for permission to serve a belated notice of claim until July 9, 1951. There is no showing which warrants the conclusion that he was incapacitated until such time. ( Matter of Haas v. Incorporated Vil. of Cedarhurst, 272 App. Div. 1031; Matter of McEwan v. City of New York, 279 App. Div. 802.) Nolan, P.J., Carswell, Wenzel, MacCrate and Schmidt, JJ., concur.


Summaries of

Matter of Babinsky v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1952
279 App. Div. 871 (N.Y. App. Div. 1952)
Case details for

Matter of Babinsky v. City of New York

Case Details

Full title:In the Matter of KONSTANTY BABINSKY, Respondent, against CITY OF NEW YORK…

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

Date published: Feb 18, 1952

Citations

279 App. Div. 871 (N.Y. App. Div. 1952)

Citing Cases

Matter of Albiston v. Village of Alfred

Under the facts, there is no showing that Mrs. Albiston was mentally or physically incapacitated and that…

MATTER OF ALBISTON v. VILL. OF ALFRED

The claim of Mrs. Albiston that the failure to serve a legal notice in her case was due to her being mentally…