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Matter of Balbach v. Central School District No. 1

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 1951
278 App. Div. 710 (N.Y. App. Div. 1951)

Summary

In Balbach v. Central School Dist. No. 1 (278 App. Div. 710), where the injured infant was 17 years old, and late notice of claim could not have been permitted because the failure to file was due to infancy, such late filing was in fact permitted because the accident had been reported to the school authorities immediately after it had happened.

Summary of this case from Chikara v. City of New York

Opinion

March 19, 1951.


Appeal by the school district from an order granting respondent's application for leave to serve a notice of claim after the expiration of sixty days, the statutory period then provided by section 50-e Gen. Mun. of the General Municipal Law. Order affirmed, without costs. The accident happened on September 30, 1949, when the infant was seventeen years old. The school authorities knew about the accident immediately after it happened. About three weeks after the occurrence, claimant's father reported the accident personally to the principal of the school and the president of the school district. On November 1, 1949, the insurance carrier for the school district received a statement in writing, signed by the claimant, as to the facts of the accident. The insurance investigator told claimant and his father that he would examine into the case and attempt to settle it. Thereafter the investigator visited the claimant and his father periodically and made offers of settlement, which were increased from $2,500 to $5,000, during which time he stated that if the claimant hired an attorney, the attorney would receive 50% of the settlement. When settlement could not be had, claimant and his father consulted an attorney on September 26, 1950. An order to show cause for leave to serve the notice of claim was served on September 30, 1950, the last day on which a motion could effectively be made. Under the peculiar circumstances of this case, the discretion of the Special Term was properly exercised in favor of the granting of the motion. Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur.


Summaries of

Matter of Balbach v. Central School District No. 1

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 1951
278 App. Div. 710 (N.Y. App. Div. 1951)

In Balbach v. Central School Dist. No. 1 (278 App. Div. 710), where the injured infant was 17 years old, and late notice of claim could not have been permitted because the failure to file was due to infancy, such late filing was in fact permitted because the accident had been reported to the school authorities immediately after it had happened.

Summary of this case from Chikara v. City of New York

In Matter of Balbach v. Central School Dist. No. 1 (278 App. Div. 710, motion for leave to appeal denied, 302 N.Y. 947), a 17-year-old boy was injured, and as a result of representations and negotiations by the insurance carrier a notice of claim was not timely served.

Summary of this case from Matter of Newman v. City of Geneva
Case details for

Matter of Balbach v. Central School District No. 1

Case Details

Full title:In the Matter of CARL H. BALBACH, Respondent, against CENTRAL SCHOOL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 19, 1951

Citations

278 App. Div. 710 (N.Y. App. Div. 1951)

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