Order, entered on April 10, 1964, unanimously modified, on the law and the facts, without costs, to deny application of infant claimant for leave to serve a late notice of claim, and the application is in all respects denied, without costs.
Where, as here, the infant had counsel within the statutory 90-day period prescribed by subdivision 5 of section 50-e of the General Municipal Law for the filing of a notice of claim and the failure to timely file a notice appears...
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