Fleming v. City of New York

This is a motion by petitioner, an adult (who describes herself herein as plaintiff), for leave to file a notice of claim nunc pro tunc. The notice was served but one day after the 90-day period. This application was made three and one-half months after the rejection of the notice of claim by the municipal authorities.

The court “may grant leave ” for late service where “ the claimant is an infant, or is mentally or physically incapacitated ” and “by reason of such disability” fails to serve the notice on time (General Municipal Law, § 50-e). The movant’s basic contention — that she was…