MATTER OF PERNA v. TOWN OF NORTH HEMPSTEAD


1 A.D.2d 672 (1955)

In the Matter of Michael Perna, Respondent, v. Town of North Hempstead, Appellant

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

December 5, 1955


Order modified on the law by striking out everything after the word "vacated" in the second ordering paragraph, and by providing in lieu thereof the following: "and it is further, Ordered that the application for leave to serve a notice of claim be and the same is hereby denied." As so modified, order affirmed, without costs.

It is undisputed that, although respondent sustained a fracture of his left leg and foot, had a cast thereon for about two months after the...

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