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MEIER v. CITY OF NEW YORK

199 Misc. 305 (1951)

Frederick R. Meier, Respondent, v. City of New York, Appellant.

Supreme Court, Appellate Term, Second Department.

March 15, 1951.

Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (Alfred Weinstein and Seymour B. Quel of counsel), for appellant.

Sidney Rosen for respondent.

FENNELLY, HOOLEY and WALSH, JJ., concur.

Per Curiam.

The City Court of the City of New York lacks jurisdiction to hear a motion for leave to serve a late notice of claim upon the City of New York. Section 50-e of the General Municipal Law specifically provides (subd. 5) that an application for such relief "shall be made returnable at a trial or special term of the supreme court, or of the county court, in the county where an action on the claim could properly be brought for trial". By implication...

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