[DOWNLOAD] "Matter Claim Lonzo Harden Et Al. v. Village Akron" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Lonzo Harden Et Al. v. Village Akron
- Author : Supreme Court of New York
- Release Date : January 03, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
[32 A.D.2d 610 Page 610] Memorandum: On October 15, 1966 plaintiffs (husband and wife) were in a motor vehicle that was struck by another vehicle
operated by a third person. Plaintiff wife (respondent herein), then 19 years of age, received serious injuries. At some undisclosed
subsequent date plaintiffs retained an attorney. It is alleged that more than four months after the accident (Feb. 24, 1967)
at a hearing held under the direction of the Commissioner of Motor Vehicles plaintiffs came into possession of certain facts
upon which a claim of negligence against the municipality could be based. Thereafter the application of the wife was granted
to file a notice of claim against the village although the 90-day period prescribed by section 50-e of General Municipal Law
had elapsed. The record contains no proof that the failure to serve within the required time was by reason of physical disability
or infancy as provided by the statute. Proof is required that physical incapacity prevented such action (Matter of Liegl v.
City of Buffalo, 12 A.D.2d 889). Respondent [32 A.D.2d 610 Page 611]