Figueroa v. City of New York

It is only with respect to one judicially declared incompetent that no one has authority to act on his behalf until a committee has been appointed (Finch v. Goldstein, 245 N. Y. 300). There is no proof in this record that the claimant has ever been declared incompetent; therefore under section 50-e of the General Municipal Law, the notice could have been served by claimant himself or by someone “ on behalf of the claimant”. Anybody could have served the notice — a relative or a friend — on behalf of the claimant. The only purpose of the statute is to give the city notice of an accident or…