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MTR. OF BERTUCCI v. CITY OF N. Y.

17 Misc.2d 749 (1959)

In the Matter of the Claim of Jose Bertucci, Petitioner, v. City of New York et al., Respondents.

Supreme Court, Special Term, Kings County.

April 10, 1959.

Attorney(s) appearing for the Case

Stanley E. Gould for petitioner.

Charles H. Tenney, Corporation Counsel, for respondents.

JACOB J. SCHWARTZWALD, J.

Petitioner moves pursuant to section 50-e of the General Municipal Law for leave to file a late notice of claim.

The moving papers show that petitioner, while a passenger on the Broadway BMT Line on November 12, 1958, was allegedly the victim of an unprovoked assault by another passenger who first displayed a badge and said he was a policeman; that when the train reached the next station (Hewes Street) the stranger exited...

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