Claim of Gugliotto v. City or New York

In a proceeding under section 50-e of the General Municipal Law for leave to serve a notice of claim after the expiration of the time prescribed by such statute, the City of New York appeals from an order of the Supreme Court, Kings County, entered September 23, 1959, granting petitioners’ application. Order reversed on the law and the facts, with costs, and application denied, without costs. The moving papers disclose that the failure to serve a notice of claim within the 90-day period prescribed by the statute was not occasioned by the physical or mental incapacity of 'the petitioners but…