Nunziato v. City of New York

This is an application for leave to serve and file notice of claim against the City of New York pursuant to the provisions of section 50-e of the General Municipal Law. The petitioner relies on Matter of Rosenberg v. City of New York (309 N. Y. 304). The facts, which are set forth clearly at pages 309-310, hardly approximate the facts in the instant case. In the instant case it is not disputed that the plaintiff: was confined to the Knickerbocker Hospital from August 11 to November 19,1955. It would therefore appear that the plaintiff was in this hospital within the 90-day period provided by…