Sullivan v. Town of Babylon

On December 22, 1948, claimant, sixty-five years old, suffered a fractured arm and wrist as a result of a fall on an icy sidewalk in Wyandanch, Town of Babylon, Nassau County. On March 10, 1949, claimant visited her lawyer in Brooklyn with respect to her claim. On March 29, 1949 — thirty-nine days after the expiration of the sixty-day limitation period — claimant moved for leave to serve her notice of claim within a reasonable time pursuant to subdivision 5 of section 50-e of the General Municipal Law. The Special Term granted the motion, holding that claimant’s age and injuries rendered it…