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BAYER v. BD. OF EDUC.

58 Misc.2d 259 (1968)

Crystal Bayer, an Infant, by Her Father, William Bayer, et al., Plaintiffs, v. Board of Education of Massapequa Public Schools, Union Free School District 23, et al., Defendants.

Supreme Court, Trial Term, Nassau County.

November 18, 1968

Attorney(s) appearing for the Case

Benjamin S. Blair for plaintiffs. Schaffner & Rogan (Harold F. Cumisky of counsel), for defendants.

BERNARD S. MEYER, J.

In this personal injury action defendant denies that a notice of claim was properly served. Since there is no proof that such a notice was "actually received" "by any member of the board of education * * * any trustee, or the clerk thereof" as required by the governing statutes (Education Law, § 3813; General Municipal Law, § 50-e, subd. 3; former Civ. Prac. Act, § 228, subd...

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