STAUB v. CITY OF NEW YORK


29 A.D.2d 756 (1968)

Irving Staub, as Natural Guardian and Father of the Infant Erik Staub, Respondent, v. City of New York et al., Appellants

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

February 29, 1968


Order entered on or about September 30, 1966, unanimously reversed, on the law and on the facts, without costs or disbursements and the motion denied.

It was an improvident exercise of discretion to grant the application of the infant to file a notice of claim some 11 months after the cause of action accrued. (General Municipal Law, § 50-e). The infant was 17 years of age and relief was sought primarily on the familiar allegation that neither he nor his father...

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