Appellate Division of the Supreme Court of New York, 1969

Canio v. County of Nassau Public Water Works

Canio v. County of Nassau Public Water Works
Appellate Division of the Supreme Court of New York · Decided December 8, 1969
33 A.D.2d 777; 307 N.Y.S.2d 832; 1969 N.Y. App. Div. LEXIS 2662
Canio v. County of Nassau Public Water Works

Opinion of the Court

In a proceeding pursuant to subdivision 5 of section 50-e of the General Municipal Law for leave to serve a notice of claim, the appeal is from so much of an order of the Supreme Court, Nassau County, entered July 1, 1965, as granted the application with respect to the infant claimant. Order reversed insofar as appealed from, on the law, without costs, and application denied as to the infant claimant as well as the adult claimant, on the authority of Anderson v. County of Nassau (31 A D 2d 761). Beldock, P. J., Christ and Rabin, JJ., concur; Brennan and Kleinfeld, JJ., dissent and vote to affirm the order insofar as appealed from.

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