MATTER OF MENZEL v. CITY OF ROCHESTER


286 A.D. 1143 (1955)

In the Matter of Frances Menzel, Respondent, v. City of Rochester, Appellant In the Matter of John L. Menzel, Respondent, v. City of Rochester, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1955.


Order reversed on the facts, without costs of this appeal to any party, and motion denied, without costs.

Memorandum:

Section 50-e of the General Municipal Law requires that in actions against a municipality founded on tort, "notice of claim * * * shall be given within ninety days after the claim arises (subd. 1)". The same section authorizes the court, in its discretion, to permit service of such notice "within a reasonable time" following the expiration...

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