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Matter of Sullivan v. City of Watervliet

Appellate Division of the Supreme Court of New York, Third Department
Dec 22, 1953
282 App. Div. 1097 (N.Y. App. Div. 1953)

Opinion

December 22, 1953.

Appeal from Supreme Court.

Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.


This is a discretionary order permitted by subdivision 5 of section 50-e Gen. Mun. of the General Municipal Law where a timely filing is prevented by the mental or physical incapacity of the claimant. The moving papers, including the affidavits of two physicians, disclose that claimant was both physically and mentally incapacitated during the ninety-day period. There was no abuse of discretion in granting the order. Order unanimously affirmed, with $10 costs.


Summaries of

Matter of Sullivan v. City of Watervliet

Appellate Division of the Supreme Court of New York, Third Department
Dec 22, 1953
282 App. Div. 1097 (N.Y. App. Div. 1953)
Case details for

Matter of Sullivan v. City of Watervliet

Case Details

Full title:In the Matter of the Claim of GRACE M. SULLIVAN, Respondent, against CITY…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 22, 1953

Citations

282 App. Div. 1097 (N.Y. App. Div. 1953)

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