Opinion
May 12, 1954.
Present — McCurn, P.J., Vaughan, Kimball, Piper and Wheeler, JJ.
Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: Upon the facts shown by the record before us it appears that failure to serve the notice required by section 50-e Gen. Mun. of the General Municipal Law was by reason of infancy. (See Matter of Aufiero v. Town of Eastchester, 282 App. Div. 1048; Natoli v. Board of Educ. of City of Norwich, 277 App. Div. 915, affd. 303 N.Y. 646; Matter of Hogan v. City of Cohoes, 279 App. Div. 282, and Matter of Every v. County of Ulster, 280 App. Div. 155.) All concur.