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MATTER OF ESSLIE v. CENT. SCH. DIST. NO. 1 OF THE TOWNS OF DURHAM, CAIRO & GREENVILLE, GREENE COUNTY

20 A.D.2d 748 (1964)

In the Matter of Michael Esslie, an Infant, by Robert Esslie, His Guardian ad Litem, Respondent, v. Central School District No. 1 of the Towns of Durham, Cairo and Greenville, Greene County, et al., Appellants

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

February 25, 1964

The infant, then 13 years of age, allegedly sustained injuries to his face on June 11, 1962 while playing baseball on the school playground. The instant proceeding was not commenced, however, until June 3, 1963. Appellants assert that Special Term should not have granted the motion on the grounds that the record does not establish that failure to file within the 90-day period was due to infancy and that, in any event, the application...

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