Rudolph v. City of New York

This is a motion to vacate an order granting to plaintiff leave to serve a notice of claim on defendant.

In April, 1946, plaintiff sustained personal injuries through the negligence of defendant, its agents, servants and employees. The statutory time to serve the notice of claim having expired in June, 1946, plaintiff applied for an order to extend the time. The application was based upon affidavits made by plaintiff, his wife, and his attorney of record. There being no opposition on the part of defendant, the motion was granted and an order made and entered.

At the trial, plaintiff and his…