Boston v. New York City Transit Authority

In a proceeding pursuant to statute (General Municipal Law, § 50-e, subd. 5) for leave to serve a late notice of claim for wrongful death and conscious pain and suffering, the New York City Transit Authority appeals from an order of the Supreme Court, Kings County, made December 5, 1961, which granted the application. Order reversed on the law and the facts, without costs, and application denied, without costs. Findings of fact implicit in the opinion of the Justice at Special Term which are inconsistent herewith are reversed, and new findings are made as indicated herein. With respect to the…