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MATTER OF JACOBS v. CITY OF NEW YORK

35 Misc.2d 120 (1962)

In the Matter of the Claim of Ronald M. Jacobs, Jr., an Infant by Ronald M. Jacobs, Sr., His Guardian, et al., Petitioners, v. City of New York, Respondent.

Supreme Court, Special Term, New York County.

May 4, 1962

Attorney(s) appearing for the Case

Murray Alber and Robert L. Horkitz for petitioners. Leo A. Larkin, Corporation Counsel (George P. Hennessy of counsel), for respondent.

MATTHEW M. LEVY, J.

This is a motion on behalf of two claimants — one an infant and the other an adult — for leave to file a late notice of claim, to examine witnesses to frame a complaint, and to direct the production of certain records.

That the city did not inform the claimants of their tardiness or that it has conducted an examination of the claimants is not a waiver of the defense of the untimely filing of the claim

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