Klobnock v. City of New York

In a proceeding pursuant to section 50-e of the General Municipal Law for leave to serve a late notice of claim against the City of New York, the city appeals from an order of the Supreme Court, Kings County, dated March 24, 1980, which granted the petition. Order reversed, on the law, without costs or disbursements, and petition dismissed. It was an abuse of discretion for Special Term to grant petitioner leave to serve a late notice of claim because, in his supporting papers, petitioner conceded that he was not disabled for such a substantial period of time following the accident so as to…