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SALNER v. CITY OF NEW YORK

12 A.D.2d 771 (1961)

Flora Salner, an Infant, by Claire Salner, Her Guardian ad Litem, Respondent, et al., Plaintiff, v. City of New York et al., Appellants

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

January 3, 1961

Order insofar as appealed from, and as limited by defendants' brief, reversed, without costs; and plaintiffs' motion, insofar as it seeks to strike out for insufficiency the second defense pleaded by the defendant board as against the infant plaintiff, denied.

The notice of claim was not served upon, nor was it actually received in behalf of defendant Board of Education by, a person designated for that purpose by the applicable...

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