MATTER OF KREUZER v. NEW YORK CITY HOUS. AUTH.


282 A.D. 881 (1953)

In the Matter of William J. Kreuzer et al., Respondents, v. New York City Housing Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 13, 1953.


Order insofar as appealed from reversed on the law and the facts, without costs, and motion dated December 18, 1952, denied, without costs.

The court is without discretion to allow late service for any reason other than those stated in the statute. There is no showing that petitioners were mentally or physically incapacitated during the entire ninety-day period and that the failure to file was due to such disability. Moreover, the petitioners failed to give any explanation...

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