Carroll v. City of New York

Application for leave to serve an amended notice of claim so as to include a verification thereof.

The claimant alleges that he was injured on November 23, 1946. His attorney filed an unverified claim on January 23, 1947. It appears that the claimant was attending the funeral of a relative in Massachusetts and was not available to verify the claim. The City opposes this application on the ground that the claim was filed one day late; that the claimant’s last day to file was January 22, 1947, and not January 23, 1947. The question of whether the notice was properly and timely served is not…