Majority
p. 737Eileen Priceman, an Infant, by Her Guardian ad Litem, David Priceman, et al., Respondents, v. City of New York, Appellant. Supreme Court, Appellate Term, Second Department, May 10, 1951.
John P. McGrath, Corporation Counsel (Abraham Satran of counsel), for appellant.
Jacob Weidenbaum for respondents.
The City Court of the City of New York has no jurisdiction to entertain an application for leave to serve a late notice of claim upon the City of New York (Meier v. City of New York, 199 Misc. 305 ). Failure to comply with the requirements of section 50-e of the General Municipal Law nullifies the judgment recovered by the infant plaintiff. (See Chavers v. City of Mount Vernon, 301 N. Y. 634 .)
p. 738
The order, so far as appealed from, should he unanimously reversed upon the law, without costs, and motion denied, without costs; the judgment should he unanimously reversed upon the law, without costs, and complaint dismissed, without costs.
Fennelly, Beldock and Walsh, JJ., concur.
Order reversed, etc.
Cases cited
- Meier v. City of New York 199 Misc. 305 p. 737
- Chavers v. City of Mount Vernon 301 N. Y. 634 p. 737