MTR. OF PHILLIPS v. VIL. OF FRANKFORT


31 Misc.2d 815 (1961)

In the Matter of Harold H. Phillips, Petitioner, v. Village of Frankfort, Respondent.

Supreme Court, Special Term, Herkimer County.

February 13, 1961


Attorney(s) appearing for the Case

Fred L. O'Donnell for petitioner. James F. Collins for respondent.


HENRY A. HUDSON, J.

The applicant has moved the court for permission to file a late claim pursuant to the provisions of section 50-e of the General Municipal Law. The moving papers indicate that the petitioner relies on the provisions of subdivision 5 of section 50-e, namely, that the applicant was physically incapacitated during the period of 90 days following the accident and upon the further ground that he...

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