MATTER OF NEWMAN v. CITY OF GENEVA


2 Misc.2d 646 (1956)

In the Matter of Donald N. Newman, Petitioner, v. City of Geneva et al., Respondents.

Supreme Court, Special Term, Monroe County.

July 12, 1956.


Attorney(s) appearing for the Case

Albert Averbach and Thomas J. Cleere for petitioner.

James M. Ryan and Albert E. Bond for respondents.


CARROLL M. ROBERTS, J.

Petitioner is an adult and concedes that his 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...

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