Appellate Terms of the Supreme Court of New York, 1959

Hayden v. Board of Education

Appellate Terms of the Supreme Court of New York · Decided June 11, 1959

19 Misc. 2d 958; 196 N.Y.S.2d 463; 1959 N.Y. Misc. LEXIS 3506

Counsel

Charles H. Tenney, Corporation Counsel (Seymour B. Quel and John A. Murray of counsel), for appellant., Walsh, Aarons, SalongerFS Fleishaker (Morris Aarons and Morton L. Gitter of counsel), for respondents.

Opinion of the Court

Per Curiam.

The court erred in treating the infant’s statement of the accident as a timely served notice of claim. There is no authority under subdivision 3 of section 50-e of the General Municipal Law to permit amendment as to the manner of service of the claim in the absence of a Comptroller’s hearing in regard thereto.

The judgment should be reversed, with costs, and judgment directed for defendant and complaint dismissed, with costs.

Concur — Stetjer, J. P., Hofstadter and Aurelio, JJ.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.