Bullard v. City of New York

Special Term properly denied appellant’s application for leave to file a late notice of claim, pursuant to General Municipal Law § 50-e (5). To conclude otherwise on this record would emasculate the standard enacted by the Legislature.

On October 29, 1982, appellant’s son, Stacey, was on the subway tracks at 135th Street and St. Nicholas Avenue, when he was electrocuted, struck by a passing train and killed. Shortly prior to this occurrence, at about 7:30 the same evening, he had been seen engaging in bizarre behavior, running and jumping up and down on St. Nicholas Avenue, walking in front of…