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Occhuizzo v. Salamanca Hospital District Authority

33 A.D.2d 649 Court N.Y. App. Div. Decision date 1969-10-30 English

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p. 649
In the Matter of Carmela Occhuizzo, Respondent, v. Salamanca Hospital District Authority, Appellant.

Order unanimously reversed on the law and facts, without costs, and motion denied. Memorandum: In our view the application to serve a notice of claim was not made within a reasonable time after plaintiff’s recovery from the disability relied on as her excuse for failure to serve the notice within the time prescribed by section 50-e of the General Municipal Law. (See Russell v. Board of Educ. of Union Free School, Dist.

p. 650
No. 2, Town of Geddes, 274 App. Div. 841 ; Matter of Ruskin v. City of New York, 271 App. Div. 934 ; Matter of Fabiani v. Town of North Hempstead, 272 App. Div. 1016 ). (Appeal from order of Cattaraugus Trial Term granting motion to file notice of claim.) Present —■ Del Vecchio, J. P., Marsh, Gabrielli, Moule and Bastow, JJ.

Statutes and regulations cited