Hayden v. Board of Education of the City of New York

Full title: WALTER HAYDEN, an Infant by RUTH HAYDEN, His Guardian ad Litem, et al.…

Court: Supreme Court, Appellate Term, First Department

Date published: Jun 11, 1959

19 Misc. 2d 958 (N.Y. App. Term 1959)

196 N.Y.S.2d 463

Opinion

June 11, 1959

Appeal from the City Court of the City of New York, New York County, BENJAMIN SHALLECK, J.

Charles H. Tenney, Corporation Counsel ( Seymour B. Quel and John A. Murray of counsel), for appellant.

Walsh, Aarons, Salonger Fleishaker ( Morris Aarons and Morton L. Gitter of counsel), for respondents.

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 Gen. Mun. 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 — STEUER, J.P., HOFSTADTER and AURELIO, JJ.

Judgment reversed, etc.