Matteo v. State

Upon this motion for leave to file a claim, it appears that claimant’s attorney filed and served a notice of intention on November 9, 1950, ninety-one days after the accident, and that the notice of claim was filed and served on January. 24, 1952.

The time within which to file the notice of intention was misapprehended, counsel having made his computation on a monthly basis. In the period following the accrual date of August 10, 1950, there were two intervening thirty-one-day months which entered into the calculation, requiring the filing of the notice to be made not later than November 8,…