Oxendine v. City of New York

This is an application for an order allowing plaintiff to serve a belated notice of claim nunc pro tunc, upon the New York City Housing Authority. The infant plaintiff was 10 years of age at the time of the accident, which occurred on August 29, 1955. A notice of claim was served on the comptroller of the City of New York but not on the New York City Housing Authority. The summons and complaint was served on the housing authority on October 13, 1955, and the authority thereafter appeared in the action. In certain instances the court has discretion in allowing late notices of claim. However,…