Legal Opinion

Winbush v. City of Mount Vernon

New York Court of Appeals

Decided March 4, 1954PublishedCited by 61 opinions

1Opinion of the CourtDesmond, J.

To pass on the validity, under section 50-e of the General Municipal Law, of a notice of claim filed against the City of Mt. Vernon, we must answer this question: may a person qualified to be, but not yet appointed, administratrix validly file' a wrongful death claim, that person having been, subsequently and within the statutory ninety-day time limit for filing the notice, appointed administratrix? The notice of claim which is here under attack was filed by appellant Mary Winbush, who was, and who described herself in the paper as, one of the next of kin of each of three deceased persons.…

2Cases cited12 opinions

  1. Teresta v. City of New YorkNew York Court of Appeals · 1952
  2. Martin v. School Board of Union Free District No. 28New York Court of Appeals · 1950
  3. Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
  4. Crapo v. . City of SyracuseNew York Court of Appeals · 1906
  5. Hamilton v. . Erie R.R. Co.New York Court of Appeals · 1916

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3Cited by61 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. Brown v. City of New YorkNew York Court of Appeals · 2000
  3. In re the Arbitration between the Board of Education & Wager Construction Corp.New York Court of Appeals · 1975
  4. Sandak v. Tuxedo Union School District No. 3New York Court of Appeals · 1954
  5. In re the Arbitration between the Board of Education, Union Free School District No. 7 & Heckler Electric Co.New York Court of Appeals · 1960

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