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MATTER OF EVERY v. COUNTY OF ULSTER

280 A.D. 155 (1952)

In the Matter of Francis Every, Petitioner, and Harvey L. Every, an Infant, Appellant, v. County of Ulster, Respondent

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

May 7, 1952.

Attorney(s) appearing for the Case

John A. Bonomi for appellant.

Frederick H. Stang, County Attorney (Arthur A. Davis, Jr., of counsel), for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER, BERGAN and COON, JJ., concur.

Per Curiam.

The infant claims to have been injured on July 23, 1950, due to the negligence of the county. He was then eighteen years old. On July 18, 1951, he moved to obtain leave to serve the notice of claim in pursuance of subdivision 5 of section 50-e of the General Municipal Law. The County Court denied the application.

The ninety-day period in which claims are required to be filed had then long expired...

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