Appellate Division of the Supreme Court of New York, 1953

Every v. County of Ulster

Every v. County of Ulster
Appellate Division of the Supreme Court of New York · Decided May 20, 1953
281 A.D. 1060; 122 N.Y.S.2d 392
Every v. County of Ulster

Opinion of the Court

Upon remission of this appeal from the Court of Appeals (304 N. Y. 924) in pursuance of section 606 of the Civil Practice Act, for determination of the questions of fact involved, the order of the County Court is reversed, on the facts, and the motion to permit the late filing of the claim by the infant against the county is granted. The court finds the facts to be as stated in the moving papers on the application; upon the facts thus found it exercises a discretion to grant the motion; and it regards the denial of the motion upon such facts to have been improvident. Settle order. Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur. [See 280 App. Div. 155.]

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