MATTER OF JOHNSON v. BD. OF EDUC. OF THE CITY OF ROCHESTER


33 A.D.2d 647 (1969)

In the Matter of the Claim of Emma B. Johnson, Respondent, v. Board of Education of the City of Rochester, Appellant

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

October 30, 1969


Order unanimously reversed on the law and facts, without costs and motion denied.

Memorandum:

On claimant's motion for permission to serve a late notice of claim made nine months after her claim arose, Special Term ordered that she be allowed to serve a complaint setting forth her claim and showing facts giving rise to an estoppel excusing her failure to file her claim within the 90-day period specified in section 50-e of the General Municipal Law. In our...

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