BOREFFI v. TOWN OF VESTAL


33 A.D.2d 1073 (1970)

James Boreffi, Respondent, v. Town of Vestal et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 16, 1970


STALEY, JR., J.

Respondent was injured on February 25, 1969 when the car in which he was a passenger collided with a car owned by the Town of Vestal. Subdivision 1 of section 50-e of the General Municipal Law requires, as a condition precedent to the institution of an action against a municipality, the filing of a notice of claim within 90 days after the claim arises. Subdivision 5 of section 50-e authorizes the court in its discretion to grant leave...

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