MATTER OF LAMBO v. BD. OF EDUC. OF THE CITY SCH. DIST. OF ROCHESTER


10 A.D.2d 810 (1960)

In the Matter of the Claims of Joseph Lambo et al., Respondents, v. Board of Education of the City School District of Rochester, Appellant

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

March 16, 1960


Order insofar as appealed from unanimously reversed, without costs of this appeal to any party, and matter remitted to the Special Term for further proceedings in accordance with the memorandum.

Memorandum:

The affidavits before the Special Term were not sufficient to demonstrate that, in the father's case, the failure to serve the notice of claim in time was due to the physical incapacitation of the claimant (General Municipal Law, § 50-e). The injury...

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