Martinez v. New York City Transit Authority

Order entered March 25, 1969, granting leave to file notices of claim nunc pro tune unanimously reversed on the law and the facts and leave denied, with $30 costs and disbursements to the appellant. On September 20, 1968, claimants suffered personal injuries as the result of an alleged assault by a bus driver. Notices of claim were filed on December 20, 1968, concededly one day too late (Public Authorities Law, § 1212; General Municipal Law, § 50-e). No general discretion is vested in the court to extend the time for serving a notice of claim, and discretion may only be exercised where the…