Teubner v. O'Connell

Petitioner seeks an order permitting her to serve a late notice of claim pursuant to subdivision 5 of section 50-e of the General Municipal Law, or in the alternative, for an order that the claimant be excused from complying with section 50-e of the said General Municipal Laiv.

Proof was taken on the contention made by the petitioner that writings by an authorized representative of the respondent were made and therefore this court may exercise discretion and grant leave to serve notice of claim after the expiration of the 90-day rule.. On the hearing, petitioner established that a stenographic…