Phillips v. Village of Frankfort

The applicant has moved the court for permission to file a late claim pursuant to the provisions of section 50-e of the General Municipal Law. The moving papers indicate that the petitioner relies on the provisions of subdivision 5 of section 50-e, namely, that the applicant was physically incapacitated during the period of 90 days following the accident and upon the further ground that he justifiably relied upon settlement representations by an authorized representative of the insurance carrier of the Village of Frankfort.

Upon the argument of the motion, however, it was conceded by the…