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Claim of Abruzzo v. City of New York

10 A.D.2d 638 Court N.Y. App. Div. Decision date 1960-02-15 English

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p. 638
In the Matter of the Claim of Mary F. Abruzzo, an Infant by S. Frank Abruzzo, Her Guardian ad Litem, Respondent, et al., Petitioner, against City of New York, Appellant.

Appeal from so much of an order as granted leave to the respondent, pursuant to subdivision 5 of section 50-e of the General Municipal Law, to file a belated and formal notice of claim for damages for personal injuries. It appears without contradiction that about 22 days subsequent to the expiration of the 90-day period following the accident the respondent served an informal holographic notice of claim on appellant. Order insofar as appealed from unanimously affirmed, with $10 costs and disbursements. No opinion. Present — Nolan, P. J., Beldock, Christ, Pette and Brennan, JJ.

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