Christian v. Village of Herkimer

This is an application by Malcolm Christian, under subdivision 5 of section 50-e of the General Municipal Law, for permission to serve a notice of claim against the Village of Herkimer, for alleged negligence.

Under this statute, such a notice is required to be filed within ninety days after the claim arises, and failure to comply with the proceedings of this section may preclude an action for alleged negligence unless the petitioner shows that he has been mentally or physically incapacitated, and because of such condition has failed to serve his notice of claim within the time limited.

Any…