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MTR. OF LEPENSKE v. BD. OF EDUC.

14 Misc.2d 951 (1958)

In the Matter of Gail A. Lepenske, an Infant, by Freda A. Lepenske, Her Guardian ad Litem, Petitioner, v. Board of Education of Central School District No. 1, Towns of Wheatland, Chili, et al., Respondents.

Supreme Court, Special Term, Monroe County.

November 18, 1958.

Attorney(s) appearing for the Case

E. Willoughby Middleton, Jr., for petitioner.

Brown, Zurett, Sullivan, Smith & Gough (M. Zurett of counsel), for Board of Education and another, respondents.

DANIEL J. O'MARA, J.

The application for permission to file a notice of claim pursuant to subdivision 5 of section 50-e of the General Municipal Law is made in behalf of an infant who at the time of the claimed occurrence was 16 years of age.

The following facts do not seem to be in dispute. The infant on the morning of October 31, 1957 was participating in a game in the gymnasium of the Wheatland-Chili...

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