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MATTER OF STEELE v. CITY OF NEW YORK

12 Misc.2d 605 (1958)

In the Matter of Frederick L. Steele, Petitioner, v. City of New York, Respondent.

Supreme Court, Special Term, New York County.

Motion for reargument June 5, 1958.

Attorney(s) appearing for the Case

Murray Rosenthal for petitioner.

Peter Campbell Brown, Corporation Counsel (Jacob Krasnoff of counsel), for respondent.

MATTHEW M. LEVY, J.

Subdivision 5 of section 50-e of the General Municipal Law, invoked by the claimant to overcome tardy filing of his claim, requires service thereof "within a reasonable time after the expiration" of the 90-day period specified in subdivision 1.

Whatever the situation may have been had the claimant sought to file his claim promptly after his discharge from the hospital on August 27...

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