Summary
In Matter of Lustig v. City of New York (278 App.Div. 716) leave for late filing was denied to a twelve-year-old boy, in whose behalf an application was made one day before the expiration of one year after the accident, on the authority of the Nori case (supra).
Summary of this case from Biancoviso v. City of New YorkOpinion
March 26, 1951.
Appeal from an order denying the motion by an infant claimant for leave to file a late notice of claim, under section 50-e Gen. Mun. of the General Municipal Law. The infant was twelve years of age at the time of the happening of the accident upon which the claim is based. The application was made one day before the expiration of the year within which the application might have been made, and was denied on the authority of Matter of Nori v. City of Yonkers ( 300 N.Y. 632), on the ground that the failure to serve the notice in time was not by reason of the claimant's infancy. There was no other claim of disability. Order affirmed, without costs. No opinion. Nolan, P.J., Carswell, Johnston, Adel and MacCrate, JJ., concur.