WINBUSH v. CITY OF MOUNT VERNON


306 N.Y. 327 (1954)

Mary Winbush, Individually and as Administratrix of The Estate of Viola Winbush, Deceased, et al., Appellants, v. City of Mount Vernon, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 4, 1954


Attorney(s) appearing for the Case

Richard L. Baltimore, Jr., and Clarence Clyde Ferguson, Jr., for appellants.

Harry Zimmerman, Corporation Counsel (Louis R. Pagano of counsel), for respondent.

LEWIS, Ch. J., CONWAY, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.


DESMOND, J.

To pass on the validity, under section 50-e of the General Municipal Law, of a notice of claim filed against the City of Mt. Vernon, we must answer this question: may a person qualified to be, but not yet appointed, administratrix validly file a wrongful death claim, that person having been, subsequently and within the statutory ninety-day time limit for filing the notice, appointed administratrix...

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