Scibilia v. City of Niagara Falls

Order unanimously reversed, without costs, and motion denied, with leave to plaintiff to file and serve a summons and complaint within 20 days after service of the order herein, if so advised, in accordance with the following memorandum; Special Term granted this order under that portion of subdivision 5 of section 50-e of the General Municipal Law, which vests discretionary authority in the court to grant leave to serve, a late notice of claim where the claimant has failed to serve his notice within the timé limited “by reason of his justifiable reliance upon settlement representations made…