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MATTER OF BATTAGLIA v. BD. OF EDUC.

3 Misc.2d 214 (1956)

In the Matter of Vito Battaglia, Jr., an Infant, by His Guardian ad Litem, Vito Battaglia, Petitioner, v. Board of Education of the City of New York, Respondent.

Supreme Court, Special Term, Kings County.

May 22, 1956.

Attorney(s) appearing for the Case

Perlstein & Perlstein for petitioner.

Peter Campbell Brown, Corporation Counsel, for respondent.

JAMES S. BROWN, JR., J.

Application under section 50-e of the General Municipal Law for leave to serve a notice of claim upon the Board of Education after the expiration of the statutory period. The injuries allegedly were sustained on April 10, 1955, when the infant, five years old at that time, stepped on a loose iron grating in a schoolyard. On July 6, 1955, a notice of claim was served upon the City of New York and a hearing was held but the claim...

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