Ware v. Manhattan & Bronx Surface Transit Operating Authority

This is an application for leave to file a notice of claim nunc pro tunc as of the day before the day on which it was actually filed. The accident occurred March 25, 1965; the last day to file ivas June 23, 1965; the notice of claim, filed June 24, was rejected.

No claim is made by applicant that she ivas incapacitated in any way. Rather, it is asserted that the notice of claim was timely tendered and should have been accepted by the respondent as timely filed.

*705The moving papers assert that at 4:20 p.m. on June 23 applicant’s attorney, the notice of claim on his person, called at the office of…