Summary
In Matter of Aufiero v. Town of Eastchester (282 App.Div. 1048) leave for late filing was granted where the plaintiff, four years old, was injured in a public playground.
Summary of this case from Biancoviso v. City of New YorkOpinion
December 7, 1953.
Application on behalf of an infant for leave to serve a notice of claim against the Town of Eastchester pursuant to subdivision 5 of section 50-e Gen. Mun. of the General Municipal Law. It appears that eight days after the accident a letter was written by the attorney for the four-year-old infant to the clerk of the village of Tuckahoe informing him of the pertinent facts, that said letter was forwarded to the clerk of the town of Eastchester, that both the village and the town caused an investigation to be made, that plaintiff's failure to timely file a proper notice of claim was due solely to his attorney's oversight, and that the present application was made within one year after the happening of the accident. The Town of Eastchester appeals from the order granting leave to serve the notice of claim. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Adel, Wenzel, Schmidt and Beldock, JJ., concur.