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eBook details

• Title: John Charalambakis v. City New York Et Al.
• Author : Court of Appeals of New York
• Release Date : January 20, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Generally, a notice of claim against a municipality must be filed "within ninety days after the claim arises" (General Municipal Law, § 50-e, subd 1). Under the law as it existed when the claim arose in this case, where a claimant because of infancy failed to serve a timely notice of claim, the court, in its discretion, could grant leave to file a late notice of claim (see Matter of Beary v City of Rye, 44 N.Y.2d 398). The application for leave to so file had to be made "within the period of one year after the happening of the event upon which the claim is based." (General Municipal Law, § 50-e, subd 5, as amd by L 1976, ch 745.) In this case the application was concededly not made within this period.

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