Gibbs v. City of New York

In a proceeding pursuant to statute (General Municipal Law, § 50-e), for leave to file a late notice of claim, the claimant appeals from an order of the Supreme Court, Kings County, entered April 9, 1964, which denied the application. Order affirmed, without costs, and without prejudice to the institution and prosecution of a plenary action by the claimant against the City of Hew York by reason of its negligence and the negligence of its Department of Welfare. Special Term was correct in holding that it was without power to grant leave to serve a late notice of claim where, as here, the…