Newman v. City of Geneva

Petitioner is an adult and concedes that Ms failure to timely serve a notice of claim pursuant to section 50-e of the General Municipal Law was due to no mental or physical incapacity.

The claim of petitioner is twofold; (1) that he was entrapped by representations of respondents’ insurance carrier and led to believe that his claim would be settled, and (2) that by giving a notice of claim to said insurance carrier and by submitting to an examination by their doctor, there was valid service pursuant to subdivision 3 of section 50-e of the General Municipal Law.

Petitioner claims that he was…