BENEDICT v. STATE


281 A.D. 731 (1952)

Joseph H. Benedict, Respondent, v. State of New York, Appellant. (Claim No. 2113.)

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

December 30, 1952.


The accident occurred December 12, 1950. The claim of the daughter by guardian ad litem was filed January 15, 1952. Application for leave to file the father's claim was made on February 29, 1952. While the statutory provision, allowing the filing of a claim on behalf of an injured infant at any time up to the expiration of two years after the disability of infancy is removed, does not inure to the benefit of the father, this court, in the exercise of its discretion, finds...

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