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MATTER CARMELA OCCHUIZZO v. SALAMANCA HOSPITAL DISTRICT AUTHORITY (10/30/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT 1969.NY.43326 <http://www.versuslaw.com>; 305 N.Y.S.2d 330; 33 A.D.2d 649 October 30, 1969 IN THE MATTER OF CARMELA OCCHUIZZO, RESPONDENT,v.SALAMANCA HOSPITAL DISTRICT AUTHORITY, APPELLANT Appeal from order of Cattaraugus Trial Term granting motion to file notice of claim. Del Vecchio, J. P., Marsh, Gabrielli, Moule and Bastow, JJ.


Appeal from order of Cattaraugus Trial Term granting motion to file notice of claim.

Del Vecchio, J. P., Marsh, Gabrielli, Moule and Bastow, JJ.

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. 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).

Disposition

 Order unanimously reversed on the law and facts, without costs, and motion denied.

19691030

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