Appellate Division of the Supreme Court of New York, 1953

Bosh v. Board of Education

Bosh v. Board of Education
Appellate Division of the Supreme Court of New York · Decided October 19, 1953
282 A.D. 887; 124 N.Y.S.2d 762; 1953 N.Y. App. Div. LEXIS 5333
Bosh v. Board of Education

Opinion of the Court

Appeal from an order granting the motion on behalf of an infant plaintiff for leave to file a late notice of claim under section 50-e of the General Municipal Law. The infant was fifteen years old at the time of the accident and was injured by a jig saw in a classroom, due to alleged improper supervision. Order reversed on the law and the facts, without costs, and motion denied, without costs. The failure to serve a notice in time was not by reason of the claimant’s infancy and no other disability prevented timely filing. (Matter of Nori v. City of Yonkers, 274 App. Div. 545, affd. 300 N. Y. 632; Matter of Lustig v. City of New York, 278 App. Div. 716; Matter of Adanuncio v. City of New York, 281 App. Div. 763.) Nolan, P. J., Adel, Wenzel, MacCrate and Beldoek, JJ., concur.

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