New York Court of Appeals
In the Matter of John E. Martin, Jr.
July 11, 1950301 N.Y. 233
Summary
The Court affirmed the Special Term's denial of leave to serve a notice of claim because the application was filed more than one year after the injury, and subdivision 5 of section 50‑e grants discretion only for applications made within that one‑year period. Justice Froessel dissented, arguing that the statute should be interpreted to allow flexibility for infant claimants.