Opinion
October 19, 1953.
Appeal from 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 Beldock, JJ., concur.