Matter of Core v. New York City Transit Auth

Full title: In the Matter of the Claim of LOVIE CORE, Respondent, v. NEW YORK CITY…

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

Date published: Sep 29, 1966

26 A.D.2d 781 (N.Y. App. Div. 1966)

Opinion

September 29, 1966

Order, entered February 28, 1966, granting claimant's motion for leave to file a late notice of claim, unanimously reversed on the law and on the facts, with $30 costs and disbursements to appellant and motion denied. Under the circumstances of this case the court was without power to extend the period for service of a notice of claim. The excuse offered does not come within any of the exceptions of the statute. (General Municipal Law, § 50-e, subd. 1; § 50-e, subd. 5; see Matter of Bloom v. New York City Tr. Auth., 19 A.D.2d 521, revg. 31 Misc.2d 805; Matter of White v. City of New York, 285 App. Div. 69.)

Concur — Botein, P.J., Breitel, McNally, Steuer and Capozzoli, JJ.