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TRAKIS v. CITY OF NEW YORK

56 N.Y.2d 1018 (1982)

James Trakis, Respondent, et al., Claimant, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 23, 1982.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Marjorie E. Bornes, of counsel), for appellant.

Peter E. De Blasio for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, and the matter remitted to the Appellate Division, Second Department. Though it was improper for Special Term to deny claimant James Trakis' application on the basis of his wife's ability to file a notice of claim on his behalf (Matter of Rosenberg v City of New York, 309 N.Y. 304), it cannot be said...

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