Steele v. City of New York

Subdivision 5 of section 50-e of the General Municipal Law, invoked by the claimant to overcome tardy filing of his claim, requires service thereof “ within a reasonable time after the expiration” of the 90-day period specified in subdivision 1.

Whatever the situation may have been had the claimant sought to file his claim promptly after his discharge from the hospital on August 27, 1957, it is clear, on the facts presented, that the delay from that date to November 12, 1957, a period in itself of 77 days (excluding the 84 days since the cause of action arose and during which the claimant was…