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FLEMING v. CITY OF NEW YORK

21 Misc.2d 540 (1959)

Philomena Fleming, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

November 9, 1959.

Attorney(s) appearing for the Case

Wapner & Rankow (Gerald L. Wapner of counsel), for plaintiff.

Daniel T. Scannell and Abraham Satran for New York City Transit Authority, defendant.

Charles H. Tenney, Corporation Counsel, for City of New York, defendant.

MATTHEW M. LEVY, J.

This is a motion by petitioner, an adult (who describes herself herein as plaintiff), for leave to file a notice of claim nunc pro tunc. The notice was served but one day after the 90-day period. This application was made three and one-half months after the rejection of the notice of claim by the municipal authorities.

The court "may grant leave" for late service where "the...

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