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MATTER OF HOGAN v. CITY OF COHOES

279 A.D. 282 (1952)

In the Matter of Rita Hogan et al., Appellants, v. City of Cohoes, Respondent

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

January 9, 1952.

Attorney(s) appearing for the Case

John F. Kelly and Maurice Z. Carr for appellants.

Bernard Simon and Henry S. Bayly for respondent.

HEFFERNAN, BREWSTER, BERGAN and COON, JJ., concur.

FOSTER, P. J.

Appellants appeal from orders of the Supreme Court which denied their motion for an order granting leave to file a notice of claim against the City of Cohoes, pursuant to subdivision 5 of section 50-e of the General Municipal Law.

It is said that the infant claimant, thirteen years of age at the time, was injured on May 17, 1950, while playing in Sunset

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