Appellate Division of the Supreme Court of New York, 1971

Cooke v. City School District

Cooke v. City School District
Appellate Division of the Supreme Court of New York · Decided December 9, 1971
38 A.D.2d 686; 327 N.Y.S.2d 161; 1971 N.Y. App. Div. LEXIS 2792
Cooke v. City School District

Opinion of the Court

Order unanimously reversed, without costs, and motion denied without prejudice to its renewal upon proper papers. Memorandum: This record which failed to set forth the infant’s age was insufficient for 'Special Term to exercise its discretion in permitting the filing of a late claim (General Municipal Law, § 50-e, subd. 5; Chao v. Westhill Cent. School Dist.) 35 A D 2d 1071). (Appeal from order of Monroe Special Term, granting motion to file late notice of claim.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Cardamone and Henry, JJ.

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