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NATOLI v. BD. OF EDUC. OF CITY OF NORWICH

277 A.D. 915 (1950)

Richard Natoli, an Infant, by His Guardian ad Litem, Frances Natoli, et al., Respondents, v. Board of Education of the City of Norwich, Union Free School District No. 1, Appellant In the Matter of Richard Natoli, an Infant, by His Guardian ad Litem, Frances Natoli, et al., Respondents, v. Board of Education of the City of Norwich, Union Free School District No. 1, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1950.

The complaint in the action subsequently commenced failed to allege the service of such notice as required by the sections. This was a condition precedent to the commencement of the action and the motion to dismiss the complaint should have been granted without prejudice. Inasmuch as the claimant was an infant, the court has power in its discretion and within certain limitations, to grant leave to serve notices of claim after the expiration of the time specified. Since the...

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